Chirag Vinod Meisheri v. Rameshchandra Dungarshi Meisheri Alias Rameshchand Doongarshi Shah (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th April, 2025 CALLED FOR COMPLIANCE :

TP/214/2025 (E-filing) Mr. Ajit Hodage, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Chirag Vinod Meisheri being nephew of deceased. Deceased namely Rameshchandra Dungarshi Meisheri said to be died intestate at Mumbai on 30.09.1997. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 24.09.2024 for dispensation of Identification proof of deceased. The said Affidavit is accepted.

2. Ld. Advocate for petitioner submits that deceased died as bachelor. Mother of deceased died on 26.05.2007. Father of deceased predeceased the deceased. Deceased had four brothers and one sister. One brother of deceased namely Vinod has expired on 12.04.2024 leaving behind his widow and one son (petitioner herein). Rest all the legal heirs have filed their consents in favour of petitioner. Consent Affidavits are on record. There are no other legal heirs.

3. In para No. 9 of the petition, petitioner has stated that there was earlier one TP No. 4433 of 2023 filed by father of petitioner namely Vinod Dungarshi Meisheri for Succession Certificate in respect of certain securities belonging to the same deceased but immediately after the issuance of grant, the said Vinod expired on 12.04.2024 therefore, grant could not be given effect in favour of the petitioner therein. In para No. 10 of the petition, petitioner has stated that court fees of Rs.75,000/- was paid in TP No. 4433 of 2023. Ld. Advocate therefore, submits that since deceased is the same in both the petition and estate is also same, he seeks exemption under section 23 of the Maharashtra Court Fees Act, 1959. Petitioner undertakes not to ask for the refund of court fees in both the petitions.

4. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 11.02.2025 and Administration Bond dated 12.02.2025 are filed. Delay is explained. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. 15.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG