Subhashchandra Phoolbadan Varma v. Phoolbadan Rajmuni Varma (Deceased)

1 TP 1113 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 2nd September '2024.

Sr. No. -14 - TP 1113 of 2024 Mr. Manoj Kumar Tiwari, Advocate for the petitioner.

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. Phoolbadan Rajmuni Varma who died at Mumbai on 31.01.2020. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition.

Advocate for the petitioner to carry out correction in para no. 1 of the petition with respect to marital status of the deceased. Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 1 of the petition with respect to marital status of the deceased. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction in para no. 1 of the petition with respect to marital status of the deceased forthwith. Reverification is dispensed with. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at Room No. 205, Building No. 74, MHADA Colony, Rawli Camp, Sion Koliwada, Greater

2 TP 1113 of 2024 Mumbai, Mumbai - 400022 Maharashtra and left property within Suburban Mumbai and in the State of Maharashtra.

3. Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found. 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition. 5.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The wife of the deceased viz. Shanti Phoolbadan Varma predeceased the deceased. Copy of the death certificate is annexed as Exhibit "C" to the petition.

Advocate for the petitioner submits that the deceased left behind him sons viz. Subhashchandra Phoolbadan Varma (son of the deceased/petitioner herein) and Gulabchand Phoolbadan Varma (son of the deceased). Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.

Advocate for petitioner submits that Gulabchand Phoolbadan Varma had given their consent for issuance of

3 TP 1113 of 2024 succession certificate in favour of Subhashchandra Phoolbadan Varma.

The consent affidavits are annexed as page no. 11 to 13.

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/2 share in the estate left by the deceased.

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 5 to the petition with respect to share of the petitioner claims to be entitled for 1/2 share in the estate left by the deceased. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 5 with respect to share of the petitioner claims to be entitled for 1⁄2 share in the estate left by the deceased forthwith. Reverification is dispensed with.

7. Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate of the validity thereof if it was granted.

4 TP 1113 of 2024 8.

Advocate for petitioner submits that no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said deceased or for letters of administration with or without the Will for annexed to their property and credits. 9.

Advocate for petitioner submits that no application has been made to any District Court for Succession Certificate in respect of any debt or security belonging to the estate of the deceased.

10. Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned authorities asked for legal representation to transfer the property in favour of the Legal heirs. In view thereof, delay is condoned.

11. Advocate for the petitioner submits that the General Notice was issued on 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 14.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 15.07.2024 also filed through e-filing. The original Administration Bond and Affidavit of Service is taken on record.

12. This petition is filed for grant of Succession Certificate in respect to the debts which was mentioned in Schedule-1 which is annexed to the petition. The petitioner has

5 TP 1113 of 2024 complied all the necessary compliance for grant of the Succession Certificate in favor of the petitioner. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order :

ORDER

1) Petition is allowed and the Succession Certificate be granted to the petitioner for certain debts left by the deceased and shown in the schedule, in prescribed format.

2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

3) The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary endorsement be made on the Administration Bond, subject to satisfaction of the Department.

Office to issue grant as soon as the Advocate for the petitioner carry out correction in para no. 1 and para no. 5 of the petition.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR