Manjula Kewalchand Jain v. Jain Kewalchand M Alias Kewalchand Moolchand Jain Alias Kevalchand M Jain
1 TP 815 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 12th June'2024.
Sr. No. 25 -TP - 815 of 2024 (ECHCBM02172472023) Ms. Rutuja Mahadik, Advocate i/b. Ramesh Jain for the petitioner.
For Compliance :
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. Jain Kewalchand M. alias Kewalchand Moolchand Jain alias Kevalchand M. Jain, who died at Mumbai on 08.12.2005. 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 927/4, Ratilal Parekh Bldg, Sayani Road, Opp. Parel ST Depot, Dadar, Prabhadevi, Mumbai - 400025 and left property in Greater Mumbai and in the State Maharashtra.
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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.
Advocate for petitioner submits that the deceased left behind him wife and three sons viz. Manjula Jain (wife of the deceased/petitioner herein), Mahipal Jain (son of the deceased), Mayur Jain (son of the deceased), Sanjay Jain (son 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 Mahipal Jain, Mayur Jain and Sanjay Jain had given their consent for issuance of succession certificate in favour of Manjula Jain. The Joint consent affidavits are annexed as page no. 24 to 27.
6. Advocate for Petitioner submits that being the wife of deceased claims to be entitled for 1/4th share in the estate left by the deceased.
3 TP 815 of 2024 Advocate for the petitioner submits that inadvertently in the petition the averment of the share in the estate left by the deceased is not mentioned. Advocate for the petitioner submits that she may be permitted to carry out averment with respect to the share in the estate left by the deceased and reverification may be dispensed with. The said request is allowed. Advocate for the petitioner is allowed to carry out the averment into the petition forthwith and upload the corrected version of the same. Reverification is dispensed with.
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.
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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 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 26.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 24.04.2024 also filed through e-filing.
Advocate for the petitioner submits that the date of lodging of the petition is wrongly mentioned in the Administration Bond. Advocate for the petitioner subnmits that she may be permitted to carry out the correction in the Administration Bond 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
5 TP 815 of 2024 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 endorsement be made on the Administration Bond, subject to satisfaction of the Department.
COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR