Jyotsna Madhav Pai v. Pandurang Anant Pathare (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 15th February, 2025 CALLED FOR COMPLIANCE :

Ms. Bina Shivhare, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Pandurang Anant Pathare, who died at Mumbai on 14.11.2019. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'A-1' to the petition.

2. Advocate for the petitioner submits that the said the deceased at the time of his death had a fixed place of abode at Rathodi Village, B/201, Bay View, Marve Road, Malad (West) , Mumbai- 400 095 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

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-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 mother and wife of the deceased predeceased the deceased. Son of the deceased viz. Ajit Pandurang Pathare predeceased the deceased, as bachelor. Deceased was survived by three married daughters viz. Asha Deepak Khanolkar, Jyoti Prasad Patil and Jyotsna Madhav Pai. Out of them two married daughter of the deceased viz. Asha Deepak Khanolkar and Jyoti Prasad Patil had given their consent for issuance of Succession Certificate in favour of the petitioner viz. Jyotsna Madhav Pai being married daughter of the deceased. Joint Consent Affidavit of both daughters of the deceased are annex at page no. 15 - 17 to the petition. Save and except there are no other legal heirs and next-of-kin left by the deceased, which is mentioned at para no. 5 of the petition.

6. Advocate for Petitioner submits that the petitioner as the daughter of the deceased claims to be entitled to one third (1/3rd) share in the estate of the deceased abovenamed.

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 the General Notice was issued on 09.01.2025 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 27.01.2025 for proving General Notice filed through e-filing and Administration Bond dated 05.02.2025 also filed through e-filing.

11. Advocate for the petitioner submits that the petitioner has recently traced out the shares standing in the name of the deceased and so there is delay in filing this petition. The delay so caused may be condoned. In view thereof, delay is condoned.

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

15.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay