Pushpa Ramesh Katiya v. Lalit Ramesh Katiya (Deceased)

Pallavi BEFORE : MRS. R. V. Rane COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 27th September, 2024 CALLED FOR COMPLIANCE :

TP/3502/2024 Mr. Kalpesh Turalkar, Advocate for the petitioner.

P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. Lalit Ramesh Katiya, who died at Mumbai on 15.10.2016.Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'A1' to the petition.

2. Advocate for petitioner submits that the said deceased at the time of his death had a fixed place of abode at Sant Rohidas Nagar Chawl No. 10, Room No. 65, Janata Colony, Jogeshwari (East), Mumbai - 400060 and /or left property within Greater Bombay and in the State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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4. Advocate for petitioner submits that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

5. Advocate for the petitioner submits that the deceased died as a bachelor. The deceased died as issueless. Deceased left behind him Mrs. Pushpa Ramesh Katia (mother of deceased / Petitioner). 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 mother of deceased petitioner claims to be entitled to 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.

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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 the Petitioner was unaware about the legal representation to be made for administering the estate of the Deceased. Hence there is delay in filing this petition. Therefore, delay in filing this petition. Therefore, delay in filing this petition may be condoned.

11. Advocate for the petitioner submits that .... 4

- 4 - the General Notice was issued on 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 09.08.2024 for proving General Notice filed through e-filing.

"Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary Petition 2559 of 2022, directions was given to the Registry, in all matters for Letters of Administration and Succession Certificate,whenever there is sole legal heir, who is Class I legal heir. Registry is directed to not to insist for filing / furnishing of 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 .... 5

- 5 - 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 debt, left by the deceased and shown in the schedule, in prescribed format.

2. Before issuance of the grant, the office to verify that there is no cross Petition is pending or affidavit resisting the petition is filed.

3. Office is directed to issue grant within 12 weeks from date of uploading of the order. 27.09.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR