Manisha Jaykrishana Makhecha v. Jaykrishana Jayantilal Makhecha

1 TP 2827 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6th November'2024.

Sr. No. 16- TP 2827 of 2024 (ECHCBM02141472023) Mr. Ajay Jadhav i/b. Girish Togani, Advocate for the petitioner.

For Compliance Advocate for the petitioner is directed to carry out correction in the cause title and para no. 5 with respect to the relation of the petitioner with the deceased and para no. 6A with respect to the share of the petitioners in the estate of the deceased.

Advocate for the petitioner request that he may be permitted to carry out correction in cause title and para no. 5 with respect to relation of the petitioner with the deceased and para no. 6(A) with respect to the share of the petitioner in the estate of the deceaseed. He undertakes to upload the corrected version of the petition and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in cause title and para no. 5 and para no. 6(A) forthwith. He will upload the corrected version and get it approved. Reverification is dispensed with. Now I can proceed the order :

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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. Jaykrishana Jayantilal Makhecha who died at Mumbai on 30.06.2021. 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 Flat No.302, A-wing, Prabhat CHS. Ltd., Shastri Nagarro ad No.2, Goregaon (W) Mumbai-400104 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 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 son viz. (1) Manisha Jaykrishana

3 TP 2827 of 2024 Makhecha (wife of the deceased/petitioner no. 1) and (2) Tanay Jaykrishana Makhecha (son of the deceased/petitioner 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.

6. Advocate for Petitioner submits that being the wife and son of 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 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 the General Notice was issued on 15.06.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service through Bailiff, Deputy Sheriff of Mumbai dated 25.07.2024 for proving General Notice.

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".

11. 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.

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2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

Office to issue grant as soon as Advocate for the petitioner carry out correction into the petition and upload the corrected version and get it approved.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR