Douglas Mello Fernandez v. Mello Joseph Fernandez Alias Fernandes

1 TP 788 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 10th July'2024 Sr. No. - 11 - TP/788/2024 (ECHCBM02227122023) Mr. Pranot P. Pawar, Advocate for the petitioner. Called 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 debts belonging to the deceased viz. Mello Joseph Fernandez @ Fernandes who died at Mumbai on 06.07.2018. 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 Room No.8, Sharifbhai Chawl, Kaniyapada, General Arunkumar Vaidya Marg, Goregaon (East), Mumbai- 400 063 and left property within Greater Mumbai 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 next-

2 TP 788 of 2024 of-kin according to Indian Succession Act, 1925 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. The wife of the deceased viz. Philomena Mello Fernandes predeceased the deceased on 13.8.2006. The copy of the death certificate is annexed as Exhibit "B" to the petition.

Advocate for petitioner submits that the deceased left behind him two sons and one married daughter viz. Douglas Mello Fernandez (son of the deceased/petitioner herein), Denzil Mello Joseph Fernandez (son of the deceased) and Colotine D'souza W/o. Santhosh D'souza (married daughter of the deceased). 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. Advocate for petitioner submits that Denzil Mello Joseph Fernandez and Colotine D'souza W/o. Santhosh D'souza had given their consent for issuance of succession certificate in favour of Douglas Mello Fernandez . The consent affidavits are annexed as page no. 17 to 24.

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.

3 TP 788 of 2024

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 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 10.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 14.06.2024 for proving General Notice filed through

4 TP 788 of 2024 e-filing and Administration Bond dated 12.06.2024 also filed through e-filing.

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 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.

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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR