Raghavan Muralidharan Nair v. Rahul Muralidharan

1 TP 723 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 3rd July'2024.

Sr. No. - 17 - TP/723/2024 (ECHCBM02201732023) Mr. Mangesh Nalawade, Advocate for the petitioner. 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 Securities belonging to the deceased viz. Rahul Muralidharan who died at Mumbai on 18.05.2023. 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 the petitioner is directed to delete the name of petitioner no. 1 viz. RAGHAVAN MURALIDHARAN NAIR and petitioner no. 2 will be only petitioner as mother is Class I legal heir as the deceased died bachelor. The name of the petitioner no. 1 to be deleted. Advocate for the petitioner will carry out all consequential averment within two days. Advocate for the petitioner will carry out above corrections within two days and will upload the corrected version. Reverification is dispensed with. Hence, I proceed with grant as mother is a class I legal heir.

2 TP 723 of 2024 2.

Advocate for petitioner submits that the said deceased ordinarily resided at B-604, Harshvardhan CHSL, CTS 185, Off. Saki Vihar Road, Powai, Mlumbai - 400 072, Maharashtra, India and/or left properties within Greater Bombay and the State 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 deceased died bachelor.

Advocate for petitioner submits that the deceased left behind him mother viz. RENU MURALIDHARAN (mother of the deceased/petitioner herein). 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 claims to be entitled to full share in the estate left by the deceased.

3 TP 723 of 2024 Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 5 with respect to the share of the petitioner in the estate left by the deceased. He will upload the corrected version and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out correction in para no. 5 and upload the corrected version. Reverification is dispensed with.

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 there is delay of filing this petition be condoned as the concerned

4 TP 723 of 2024 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 15.03.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 24.05.2024 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 No. 2559 of 2022 directions were 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, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

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 :

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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.

Office to issue grant as soon the Advocate for the petitioner comply all the necessary directions. ksa/rvr COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR