Neeta Preetam Sippy v. Ghanshyam Hasmatrai Daryani
1 TP 446 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 13th November'2024.
Sr. No.7-TP/446/2024 (ECHCBM02186962023) Mr. Ranjan Kumar Dwivedi, Advocate for the petitioner. For Compliance Advocate for the petitioner submits that he has uploaded the Affidavit dated 11.11.2024 in compliance of the order dated 30.9.2024. He submits that he will get it approved.
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. GHANSHYAM HASHMATRAI DARYANI, who died at Mumbai on 04.09.2008. 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 A/64, Geetanjali C.H.S., 6th Floor, Raheja township, Malad (E), Mumbai - 400 097, left property within Mumbai & Elsewhere in India.
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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 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 wife of the deceased viz. REKHA GHANSHYAM DARYANI predeceased the deceased on 25.08.1971. Copy of the death certificate is annexed as Exhibit "B".
Advocate for the petitioner submits brother of the deceased viz. TARACHAND HASHMATRAI DARYANI since died as bachelor on 29.11.2015. Copy of the death certificate is annexed as Exhibit "C".
Advocate for the petitioner submits that the deceased had two sisters (1) viz. KALA HASHMATRAI DARYANI predeceased the deceased on 5.6.2000. Copy of the death certificate is annexed as Exhibit "D". she died as spinster and (2) INDRA PREETAM SIPPY since deceased on 27.7.2016. Copy of the death certificate is annexed as Exhibit "E". She left behind her daughter viz. NEETA PREETAM SIPPY (niece of the deceased/daughter of deceased sister). Save and except there are no other legal
3 TP 446 of 2024 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 niece of deceased claims to be entitled for full 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
4 TP 446 of 2024 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 23.02.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 16.03.2024 for proving General Notice filed through e-filing and Administration Bond dated 28.02.2024 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.
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
5 TP 446 of 2024 endorsement be made on the Administration Bond, subject to satisfaction of the Department.
Office to issue grant as soon as Advocate for the petitioner upload the Affidavit dated 11.11.2024 and get it approved.
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR