Meena Mahendra Chothani v. Mahendra N Chothani @ Mahendra Narendra Chothani(Deceased)

1 TP 2122 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 7th August''2024 Sr. No. - 22- TP 2122 of 2024 Ms. Manali Dixit, Advocate i/b. Gaurav Yadav for the petitioner.

For Compliance :

It has been observed that the purpose of filing the petition is not mentioned. Advocate for the petitioner is directed to delete the sentence "withdrawl of the amount in the currect Account CA-111212" and replace it with word "debts" in the cause title as well as in the prayer clause it is to be mentioned that the petition is for succession certificate for "debts" which is not mentioned in the prayer clause.

Advocate for the petitioner submits that she may be permitted to carry out the correction in cause title as well as prayer clause of the petition. She will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in the cause title as well as in prayer clause of the petition. She will upload the corrected version. Reverification is dispensed with.

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is

2 TP 2122 of 2024 for Succession Certificate in respect of certain debts belonging to the deceased viz. Mahendra Narendra Chotani who died at Mumbai on 03.11.2019. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B & C" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Vardhman Nagar, A/1/1 floor, Nigam Kutir, Dr. R. P. Road, Mulund (West), Greater Mumbai, GR Mumbai, Mumbai Suburban, Maharashtra - 400080 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

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 petitioner submits that the deceased left behind him widow and daughter viz. (1) Meena Chotani (widow of the deceased/petitioner herein) (2) Nisha Chirag Thakkar w/o Chirag Thakkar (daughter of the

3 TP 2122 of 2024 deceased). (3) Pinky Mehul Ganatra w/o Mehul Suresh Ganatra (daughter 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 Nisha Chirag Thakkar w/o Chirag Thakkar and Pinky Mehul Ganatra w/o Mehul Suresh Ganatra had given their consent for issuance of succession certificate in favour of Meena Chotani.

The consent affidavits are annexed as page no. 19 to 24.

6. Advocate for Petitioner submits that being the widow of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.

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.

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

4 TP 2122 of 2024 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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 31.05.2024 for proving General Notice filed through e-filing and Administration Bond dated 14.05.2024 also filed through e-filing.

Advocate for the petitioner submits that she may be permitted to carry out correction with respect to claim amount in the Administration Bond. She will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction with respect to claim amount in the Administration Bond and

5 TP 2122 of 2024 upload the corrected version. Reverification is dispensed with.

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 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 the cause title, prayer clause and Administration Bond and upload the corrected version.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR