Chandrashekar Gowder Son Of Veerangouda Bandangouda Sankangouder v. Veeranagouda Bandangouda Sankangoudar Alias V B Sankangoudar (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 02nd FEBRUARY, 2024 CALLED FOR FIRST ON BOARD (FOB):

Ms. Sheetal Shah i/b. M/s. Mehta and Girdharlal, Advocate for petitioner.

P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner.

This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Veeranagouda Bandangouda Sankangoudar alias V B Sankanagoudar alias Veeranagouda Sankanagoudar alias Veeranagouda K Sankanagoudar alias Sankanagoudar VB son of Bandangoudar, who died at Bangalore on 08.08.1996. Copy of death certificate is annexed at Exhibit-A to the petition. Copy of Identification proof of deceased is already annexed at Exhibit-A1 to the petition.

2. Advocate for petitioner submits that, said Deceased did not have a fixed place of residence owever at the time of his death resided at No. 212 KSRTC Layout, 9th Cross, J. P. Nagar, 2nd Phase, Bangalore - 560078. He died in Bangalore, however left property in Mumbai, 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.

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CONTD.

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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 him Girijadevi Veeranagounda Sankangoudar (widow of the deceased), Chandrashekar Gowder (Son of the deceased), Vishwanath Gouder (son of the deceased) and Hemalata Hadimani (daughter of the deceased). Mother and father of deceased predeceased the deceased.

6. Girijadevi Veeranagounda Sankangoudar (widow of the deceased) and Hemalata Hadimani (daughter of the deceased) have given their consent for issuance of succession certificate in favour of petitioners viz. Chandrashekar Gowder and Vishwanath Gouder, who both are sons of the deceased. Advocate for petitioner has filed both consent Affidavit through e-filing and hard copies of consent Affidavits are tendered before me, which are kept in record and proceeding. Save and except there are no other legal heirs of the deceased.

6. Advocate for petitioner submits that the petitioner are sons of the deceased. The petitioners are each entitled to undivided 25% share in the estate.

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CONTD.

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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 the petitioners found out in the first week of September 2023, a file containing the securities more particularly, shares, standing in the name of the deceased and were not aware of it before. In view thereof, the delay if any, in filing the Petition, be condoned. In view thereof, delay is condoned.

11. Advocate for the petitioner submits that the General Notice was issued on 11.12.2023 in the aforesaid matter. Advocate for the petitioner has filed Affidavit of Service dated 29.01.2024 for proving General Notice through e-filing and Administration Bond dated 29.01.2024 also filed through e-filing.

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- 4 - Advocate for petitioner tendered original Affidavit of service and Administration Bond, which are kept in record and proceeding.

12. Advocate for petitioner requested that petitioner is 83 years old, hence issue grant expeditiously. The said requests is accepted. Office to issue grant expeditiously.

13. 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.

02.02.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR