Deepak Babulal Mehta v. Babulal Chunilal Mehta (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 21st February'2024.

Sr. No. 34- TP 192 of 2024 (ECHCBM02026622023) Mr. Manoj Mane, Advocate i/b. Prabhu Velar 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. Babulal Chunilal Mehta,, who died at Mumbai on 05.09.1986. Copy of death certificate is annexed at Exhibit -'A' to the petition.

Advocate for petitioner submits that since identification proof of the deceased is not available they have filed Affidavit dated 15.02.2023 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken due care and diligent search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as Exhibit 'A1'to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Mehta Mansion No.2, Krishna Sanghi Path Gavdevi, Mumbai- 400007, and left property 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 next-ofkin 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.

Advocate for the petitioner submits that the wife of the deceased i.e. Jamnabai Babulal Mehta pre-deceased on 13th December 1982. Copy of the death certificate is annexed as Exhibit "B" to the petition.

Advocate for petitioner submits that the deceased left behind him 4 sons and 3 daughters viz. Deepak Babulal Mehta (son of the deceased/petitioner no. 1), Prakash Babulal Mehta (son of the deceased/petitioner no. 2), Suryakant Babulal Mehta (son of the deceased/petitioner no.3), Shashikant Babulal Mehta (son of the deceased), Shakuntala Narendra

Shah (married daughter of the deceased), Mrudulaben Jyotindrabhai Chokshi (married daughter of the deceased), Ratnabala Babulal Mehta (unmarried 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 Shashikant Babulal Mehta, Shakuntala Narendra Shah, Mrudulaben Jyotindrabhai Chokshi and Ratnabala Babulal Mehta had given their consent for issuance of succession certificate in favour of Deepak Babulal Mehta (petitioner no. 1), Prakash Babulal Mehta (petitioner no. 2) and Suryakant Babulal Mehta (petitioner no. 3). Consent affidavits are annexed at page No. 26 to 45.

6. Advocate for Petitioner submits that being the sons of deceased claims to be entitled for 1/7th 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 11.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 25.01.2024 for proving General Notice through e-filing and Administration Bond dated 16.02.2023 also filed through e-filing. The original Administration Bond and Affidavit of Service is taken on record.

Advocate for petitioner submits that the claim amount is wrongly mentioned in the Administration Bond. Advocate for petitioner request permission to carry out the correction and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction forthwith. 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. Grant expedited as legal heirs are senior citizen.

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.

COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR