Renuka Nayar Alias Santha Kumari Amma Renuka Dlo Parameshwaran Gopinathan Pillai v. Gopinathan Pillai P Alias Parameshwaran Gopinathan Pillai Alias P Gopinathan Pillai

1 TP 804 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 22nd July'2024 Sr. No. - 20 - TP/804/2024 (ECHCBM02214022023) Ms. Kinjal Shah, 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 Securities belonging to the deceased viz. Gopinathan Pillai P. alias Parameshwaran Gopinathan Pillai alias P. Gopinathan Pillai who died at Mumbai on 09.05.2003. 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.

It has been observed that Advocate for the petitioner has not carried out averment in para no. 1 with respect to the identification proof of the deceased. Advocate for the petitioner submits that she may be permitted to carry out the averment in para no. 1 to the petition with respect to identification proof of the deceased. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the avernment in para no. 1 to the petition and upload the corrected version. Reverification is dispensed with.

2 TP 804 of 2024 Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 9th November' 2023 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as page no. 37 to 39 to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at B- 603, Panorma Tower CHS, Yari Road, Near Badrinath Towers, Versova, Andheri West, Mumbai-400 061 and left property within Greater Mumbai and in the State ofMaharashtra.

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.

3 TP 804 of 2024 5.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind him widow and four daughters viz. P Santha Kumary Amma W/o. Parameshwaran Gopinathan Pillai (widow of the deceased), Santha Kumari Gopika (daughter of the deceased) , Ambika Pillai alias Santha Kumari Amma Ambika (daughter of the deceased), Devika Kumari Santhakumari (daughter of the deceased), Renuka Nayar alias Santha Kumari Amma Renuka (daughter 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. Advocate for petitioner submits that P Santha Kumary Amma W/o. Parameshwaran Gopinathan Pillai, Santha Kumari Gopika, Ambika Pillai alias Santha Kumari Amma Ambika, Devika Kumari Santhakumari had given their consent for issuance of succession certificate in favour of Renuka Nayar alias Santha Kumari Amma Renuka. The consent affidavits are annexed as page no. 18 to 33.

6. Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/5th share in the estate left by the deceased.

4 TP 804 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 15.03.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 18.04.2024 for proving General Notice filed through

5 TP 804 of 2024 e-filing and Administration Bond dated 29.03.2024 also filed through e-filing.

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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR