Subodh Vithaldas Thakkar v. Sachita J Thakker Alias Sachita J Thakkar Alias Sachita Jaysinh Thakkar
BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 3rd July'2024.
Sr. No. - 35 - TP/1811/2024 (ECHCBM02157892023) Mr. Suyash Kalbhor, Advocate i/b. Praful S. Pawar 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 belonging to the deceased viz. Sachita J. Thakker alias Sachita J. Thakkar alias Sachita Jaysinh Thakkar, who died at Mumbai on 05.10.2016. 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 R. No. 8, 4th floor, Vishram Building, Dr. M.G.Mahimtura Marg, Near Goldeval Temple, Mumbai - 400004 and/or left property within Greater Bombay and in the State of Maharashtra.
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 her 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 father the deceased viz. Jaysingh Vithaldas Thakkar, died on 07.03.2002. Copy of the death certificate is annexed as Exhibit "B" to the petition. The mother of the deceased vis. Nirrnala Jaysingh Thakkar, died on 06.02.2018. Copy of the death certificate is annexed as Exhibit "C" to the petition.
Advocate for the petitioner submits that the deceased died spinster. The deceased had no brother and sister. Advocate for petitioner submits that the deceased left behind her only paternal uncle viz. Subodh Vithaldas Thakkar (uncle of the deceased/petitioner herein). The deceased had no paternal aunt. 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.
6. Advocate for Petitioner submits that being the uncle 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 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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 01.07.2024 for proving General Notice filed through e-filing is taken on record.
Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023,
direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".
12. This petition is filed for grant of Succession Certificate in respect to the debts 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 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