Karippail Xavier Elias v. Kirtibala Elias W/O Karippail Xavier Elias

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 20th FEBRUARY, 2024 CALLED FOR DIRECTION :

Sr. No. 28 - TP / 44 / 2024 (ECHCBM02172222023) Mr. Uttam S. Rane, Advocate for petitioner.

1. Perused the petition. Heard Ld. Advocate for petitioner. This petition is filed for Succession Certificate in respect of certain Securities belonging to deceased viz. Kirtibala Elias, who died at Mumbai on 24.12.2021. Copy of death certificate is annexed as Exhibit - 'A' to the petition. Copy of identification proof of the deceased is annexed as Exhibit - 'B' to the petition.

2. Advocate for the petitioner submits that, the said deceased at the time of her death had fixed place of abode at flat No. 304, Tower No. 5, Orchard Residency, 146, L.B.S. Marg, Ghatkopar (West), Mumbai - 400086, and left movable properites within greater Bombay 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 the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

5. Advocate for petitioner submits that deceased left behind her husband and three sons viz. Karippail Xavier Elias, Ritesh Elias, Kedar Elias, Sanjeev Elias respectively. Advocate for petitioner submits that the deceased has no other son and no daughter, save and except mentioned at para no. 4 of the petition.

6. Advocate for petitioner submits that all three son viz. Ritesh Elias, Kedar Elias, Sanjeev Elias had given their consent for issuance of Succession Certificate in favour of the petitioner viz. Karippail Xavier Elias (Husband of the deceased). Consent Affidavits are annexed at page no. 16-27 to the petition.

7. Advocate for petitioner submits that the petitioner as son of the deceased claims to be entitled to 1⁄4 share in the estate of the deceased.

8. 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.

9. 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.

10. 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.

11. Advocate for the petitioner submits that the General Notice was issued on 10.01.2024 in the aforesaid matter. Advocate for the petitioner has filed Affidavit of Service dated 24.01.2024 for proving General Notice through e-filing and Administration Bond dated 17.01.2024 also filed through e-filing. Advocate for petitioner tendered original Affidavit of service and Administration Bond, which are kept in record and proceeding.

12. This petition is filed for grant of Succession Certificate in respect to the Securities 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 Securities, 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.

4) Office to issue Succession Certificate expeditiously. 20.02.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay Mishra