Kalpana Narayan Shinde v. Ramanlal Ochhavlal Parikh

1 TP 940 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 14th June'2024.

Sr. No. 11 - TP - 940 of 2024 (ECHCBM02209582023) Prapti Karkera, Advocate i/b. Namita Mestry 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 Debts and Securities belonging to the deceased No. (1) viz. Ramanlal

0. Parikh alias Ramanlal Ochhavlal Parikh who died at Mumbai on 20.12.1995. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased No.

(2) viz. Lilavati R. Parikh alias Leelavati Ramanlal Parikh, who died at Mumbai on 20.12.1995. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "C" to the petiiton.

Advocate for petitioner submits that since identification proof of the deceased No. (1) is not available petitioner had filed Affidavit dated 03.11.2023 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said

2 TP 940 of 2024 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 for dispensation of identification proof of the deceased is annexed as Exhibit "C1" to the petition.

2.

Advocate for petitioner submits that the said deceased No. (1) & (2) ordinarily resided at 14, New Building, Madhav wadi, Naigaon Cross Road, Dadar (East), Mumbai-400014 and left property within Greater Bombay and in the State of Maharashtra.

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 the petitioner submits that the parents of both the deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them daughter and son viz. Kalpana Narayan Shinde (married daughter of both the deceased/petitioner

3 TP 940 of 2024 herein) and Jawahar Ramanlal Parikh (son of both 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 Jawahar Ramanlal Parikh had given their consent for issuance of succession certificate in favour of Kalpana Narayan Shinde. The consent affidavit is annexed as page no. 26 to 30.

6. Advocate for Petitioner submits that being the daughter of both the 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

4 TP 940 of 2024 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 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 29.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 22.05.2024 also filed through e-filing.

12. This petition is filed for grant of Succession Certificate in respect to the Debts and 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 Debts and Securities

5 TP 940 of 2024 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.

ksa/rvr COMPANY REGISTRAR / TESTAMENTARY REGISTRAR