Aemil Mahendra Patel v. Mahendra Chaturbhai Patel (Deceased)
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 23rd February'2024.
Sr. No. 8 - TP 232 of 2024 (ECHCBM02172182023) Mr. Prayag Bharat Joshi, Advocate for 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. MAHENDRA CIIATURBHAI PATEL, who died at Mumbai on 28.09.2014. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at 1st Floor, Bhagwan Bhuvan, Near Sejal Jewelers, Plot No. 38, M. G. Road, Rajawadi, Ghatkopar (East), Mumbai - 400 077 and left certain movable properties in form of shares within Greater Mumbai, and 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-of-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. Advocate for petitioner submits that the deceased left behind him widow and one son viz. MANJULA MAHENDRA PATEL (widow of the deceased) and AEMIL MAHENDRA PATEL (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.
Advocate for petitioner submits that MANJULA MAHENDRA PATEL had given her consent for issuance of succession certificate in favour of AEMIL MAHENDRA PATEL . The consent affidavit is annexed as page no. 13 to 15.
Advocate for the petitioner submits that the petitioner is 90 years old. Advocate for petitioner request to expedite the grant. The said request is accepted.
6. Advocate for Petitioner submits that being the son 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 29.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service affixed on 07.02.2024 for proving General Notice through e-filing and Administration Bond dated 10.02.2024 also filed through e-filing.
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.
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/ ksa/rvr TESTAMENTARY REGISTRAR