Bombay High CourtTP/1955/2024grant issued

Mangala Balkrishna Lone, v. Vishwanath Gopal Redkar (Deceased)

2024-07-29Shri. S. B. Bhansali (Prothonotary Senior Master))5 pages

1 TP 1955 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 29th July'2024 Sr. No. - 28 - TP 1955 of 2024 Mr. Ashok Kadam, Advocate for the petitioner. Called 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. Vishwanath Gopal Redkar who died at Mumbai on 10.08.2016. 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.

Advocate for petitioner submits that the said deceased ordinarily resided at 1703, Vivekanad SRA Society, Behind St. George School, S. V. Road, Goregaon (Wet), Mumbai - 4000104 and 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 his only heirs next-

2 TP 1955 of 2024 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 the deceased predeceased the deceased.

Advocate for the petitioner submits that the deceased died issueless.

Advocate for the petitioner submits that the wife of the deceased died on 30.11.2021. Copy of the death certificate is annexed as Exhibit "B" to the petition. Advocate for petitioner submits that the deceased left behind him two brothers and two sisters viz. Bhikaji Gopal Redkar (brother of the deceased) predeceased on 26.01.1992. Copy of the death certificate is annexed as Exhibit "C" to the petition

(1) Mangala Balkrishna Lone (sister of the deceased/petitioner herein). (2) Pandurang Gopal Redkar, (brother of the deceased) died on 24.10.2019. Copy of the death certificate is annexed as Exhibit "D" to the petition. The wife of Panduran Gopal Redkar (deceased brother) predeceased the deceased brother. The deceased brother viz Pandurang Gopal Redkar left behind him (2a) Narendra Pandurang Redkar (nephew of the deceased/son of deceased brother), (2b) Satish Pandurang Redkar (nephew of the deceased/son of deceased brother), (2c) Sushama Swapnakumar Chopdekar (niece of the deceased/daughter of deceased brother). (3) Rajani Kashinath Keluskar (sister

3 TP 1955 of 2024 of the deceased) died on 16.04.2021. Copy of the death certificate is annexed as Exhibit "E" to the petition. The husband of Rajani Kashinath Keluskar predeceased. The deceased sister left behind her one son and one daughter viz. Mahendra Kashinath Keluskar predeceased to Rajani Kashinath Keluskar on 04.01.2013. (3a) Suhasini Gurunath Tandel (niece of the deceased/daughter of deceased sister). 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 the petitioner submits that there is typographical error in the name of legal heir (2c) Sushama Swapnakumar Chopdekar. The same may be condoned. The said request is accepted.

Advocate for petitioner submits that Narendra Pandurang Redkar, Satish Pandurang Redkar, Sushama Swapnakumar Chopdekar and Suhasini Gurunath Tandel had given their consent for issuance of succession certificate in favour of Mangala Balkrishna Lone.

The consent affidavits are annexed as page no. 19 to 30.

6. Advocate for Petitioner submits that being the sister of deceased claims to be entitled for 1/3rd 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

4 TP 1955 of 2024 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 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 21.05.2024 for proving General Notice filed through e-filing and Administration Bond dated 25.06.2024 also filed through e-filing. The Administration Bond and Affidavit of Service is taken on record.

5 TP 1955 of 2024

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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR