Parmanand Hiralal Parikh v. Hiralal Occhavala Parikh Alias Ochhavala Parikh(Deceased)
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 21st February'2024.
Sr. No. 35- TP 193 of 2024.
(ECHCBM02217812023) Mr. Y. C. Parikh, Advocate for petitioner.
Called for direction Advocate for the petitioner submits that in cause title at line no. 8 and in the title cause of the schedule annexed to the petition it is inadvertently mentioned as "her" instead of "his". Advocate for the petitioner request permission to carry out the correction and reverification may be dispensed with. The said request is accepted. Advocate for petitioner is allowed to carry out correction by replacing the word "his' in place of the word "her". Reverification is dispensed with.
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. HIRALAL OCCHAVALA PARIKH alias HIRALAL OCHHAVLAL PARIKH who died at Mumbai on 22.04.1965. Copy of death certificate is annexed at Exhibit- A to the petition.
Advocate for the petitioner submits that since identification proof of both the deceased not available, Advocate for petitioner has filed Affidavit dated 30.10.2023 for dispensation of identification proof of the deceased. After, perusal of the same it is found that the petitioner has
mentioned that they have 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 of Identification proof of both deceased is tendered across the bar. The same is taken on record.
2.
Advocate for petitioner submits that both the deceased ordinarily resided at Gokul Nivas, Bajaj Road, Vile Parle, Mumbai-400 058, and/or left property within Greater Bombay and in the 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 both 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 the Parents of the deceased are predeceased the deceased. The wife of the deceased predeceased the deceased.
Advocate for petitioner submits that the deceased left behind him son viz Parmanand Hiralal Parikh(son of the deceased/petitioner herein). 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.
6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for entire 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 30.01.2024 for proving General Notice through e-filing.
Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon'ble court filing of Administration Bond is dispensed with for the sole class I legal heir.
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 to be expedited.
2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.
COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR