Bombay High CourtTP/931/2024grant issued

Krupali Apurva Patwa v. Shantaben Dhirajlal Parekh Alias Shantaben D. Parekh

2024-06-14S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master5 pages

1 TP 931 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 14th June'2024.

Sr. No. 6 - TP - 931 of 2024 (ECHCBM02175232023) Ms. Jyoti Badgujar, Advocate i/b. S. U. Lakdawala for 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 No. (1) viz. Shantaben Dhirajlal Parekh alias Shantaben. D. Parekh who died at Mumbai on 13.03.2011. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. And deceased No. (2) viz. Umesh Dhirajlal Parekh alias Umesh D Parekh, who died at Mumbai on 23.08.2022. Copy of death certificate is annexed at Exhibit -'C' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "D" to the petition 2.

Advocate for petitioner submits that both the said deceased ordinarily resided at 3rd floor, 14 Stardust Building, B- Wing, 80, Napean Sea Road, Mumbai- 400 006

2 TP 931 of 2024 and left property within Mumbai and in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that, both 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 their 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 both the deceased left behind them two son viz. Shailesh Dhirajlal Parekh (son of both the deceased no. 1/brother of deceased no. 2) , Umesh Dhirajlal Parekh (son of deceased No.1/deceased No.2) who died on 23.08.2022 leaving behind Aruna Umesh Parekh (daughter in law of Deceased No. 1/wife of deceased No. 2), Krupali Apurva Patwa (grand daughter of deceased no. 1/petitioner no. 2/daughter of deceased No. 2), Anuja Paresh Jain (grand daughter of deceased No. 1/petitioner No. 2 herein/daughter of deceased No. 2). 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 Shailesh Dhirajlal Parekh and Aruna Umesh Parekh had given their consent

3 TP 931 of 2024 for issuance of succession certificate in favour of Anuja Paresh Jain and Krupali Apurva Patwa The consent affidavits are annexed as page no. 22 to 27.

6. Advocate for Petitioner submits that being the grand daughters of deceased claims to be entitled for 1/6th 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.

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

4 TP 931 of 2024 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 20.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 18.04.2024 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.

5 TP 931 of 2024

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.

ksa/rvr COMPANY REGISTRAR / TESTAMENTARY REGISTRAR