Supriya Krishnan D/O Indira Krishnan v. Indira Krishnan W/O Krishnan (Deceased)

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th April'2024.

Sr. No. 23 - TP 85 OF 2024 (ECHCBM02206892023) Mr. Mohit Yadav, Advocate i/b. Rajesh Bijlalni for the petitioner.

Called for direction

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Indira Krishnan W/o Krishnan, who died at USA on 01/10/2022. 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" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at 87, Cottage Street Haven, Connecticut, United States of America and having permanent address at Flat No. 104, Harshwardhan CHS Ltd, Juhu Versova Link Road, Andheri (West), Mumbai - 400 053, and/or left movable property 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 by the deceased surviving as her 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 husband of the deceased viz. Ayilur Akileswaraiyer Krishnan pre-deceases on 21.10.2020. Copy of the death certificate is annexed as exhibit "C" to the petition.

Advocate for petitioner submits that the deceased left behind her two daughters viz. Suchitra Krishnan Sarin (married daughter of the deceased) and Supriya Krishnan (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 Suchitra Krishnan Sarin had given her consent for issuance of succession certificate in favour of Supriya Krishnan. The consent affidavit is annexed as page no. 20 to 22.

6. Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/2 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 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 10.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 12.02.2024 for proving General Notice filed through efiling and Administration Bond dated 13.03.2024 also filed through e-filing.

Advocate for petitioner submits that the date of lodging the petition is wrongly mentioned in the Administration Bond. Advocate for petitioner request permission to carry out correction in the Administration Bond and reverification is dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction in the Administration Bond and e-file/upload the corrected Administration Bond within the stipulated period. Reverification is dispensed with.

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 certain 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) Advocate for the petitioner undertakes to upload the corrected Administration Bond within stipulated period. Office to issue grant after the Advocate for petitioner upload/e-file the corrected Administration Bond. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR