Swapnil Navrang Nagpurkar v. Navrang Jageshwar Nagpurkar And Nila Navrang Nagpurkar
1 TP 853 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 12th June'2024.
Sr. No. 31 -TP - 853 of 2024 (ECHCBM02192192023) Ms. Deepali Bagla, Advocate i/b. Bagla & Associates for the petitioner.
For Compliance :
Advocate for the petitioner submits that in order dated 06.04.2024 in para No. 1 it is inadvertently written as "Deceased no. (1) viz. Navrang Jageshwar Nagpurkar, who died at Mendh, Patan, Satara" instead "Deceased no. (1) viz. Navrang Jageshwar Nagpurkar, who died at Mumbai". The said sentence should be read as "Deceased no. (1) viz. Navrang Jageshwar Nagpurkar, who died at Mumbai".
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 No. (1) viz. Navrang Jageshwar Nagpurkar who died at Mumbai on 11.02.1998. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. AND deceased No. (2) viz. Nila Navrang Nagpurkar, who died at Mumbai on 23.12.2003. Copy of death certificate is annexed at Exhibit
2 TP 853 of 2024 -'C' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "D" to the petition. 2.
Advocate for petitioner submits that both the said deceased ordinarily resided at B-8, Happy Home, St. Martin Road, Bandra (West), Mumbai - 400 050 and left property within Greater Mumbai and in the State of Maharashtra and elsewhere in India.
3. Advocate for petitioner submits that, both 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 both the deceased surviving as their 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 the parents of both the deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them two sons and two daughters viz. Sachin Navrang Nagpurkar (son of both the deceased), Kanandi Anant Kudukar (married daughter of both the deceased), Sneha Hemant Kavle (married daughter of both the deceased), Swapnil Navrang Nagpurkar (married son of both the deceased/petitioner herein). Save and except there
3 TP 853 of 2024 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 Sachin Navrang Nagpurkar, Kanandi Anant Kudukar and Sneha Hemant Kavle had given their consent for issuance of succession certificate in favour of Swapnil Navrang Nagpurkar. The consent affidavits are annexed as page no. 20 to 25.
6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/4th share in the estate left by the deceased.
Advocate for the petitioner submits that all the legal heirs viz. Sachin Navrang Nagpurkar, Kanandi Anant Kudukar and Sneha Hemant Kavle have no objection if the succession certificate is issued to the petitioner viz. Swapnil Navrang Nagpurkar which is mentioned in para no. 6 of the petition.
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
4 TP 853 of 2024 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 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 27.05.2024 for proving General Notice filed through e-filing and Administration Bond dated 07.05.2024 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
5 TP 853 of 2024 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/ ksa/rvr TESTAMENTARY REGISTRAR