Rajesh Jethalal Karia v. Karia Kanjibhai Devkaran (Deceased)
1 TP 866 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 12th June'2024.
Sr. No. 32 -TP - 866 of 2024 (ECHCBM02015562024) Mr. Y. C. Parikh, 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 No. (1) viz. Karia Kanjibhai Devkaran, who died at Mumbai on 09.11.1988. Copy of death certificate is annexed at Exhibit -'A' to the petition. AND deceased No. (2) viz. Rukmini alias Ruxmani/ Rukhmani Kanji Karia, who died at Mumbai on 30.08.2002. Copy of death certificate is annexed at Exhibit -'A1' to the Advocate for petitioner submits that since identification proof of both the deceased is not available petitioner had filed Affidavit dated 15.01.2024 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 due care and diligent 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
2 TP 866 of 2024 accepted. Copy of Affidavit for dispensation of identification proof of both the deceased is annexed as Exhibit 'A1' to the 2.
Advocate for petitioner submits that both the said deceased ordinarily resided at Maheshwar Dham, Plot No.2, 1st Floor, R.B. Mehta Road, Ghatkopar (E), Mumbai - 400077, and/or left property within Greater Bombay and left property within Greater Mumbai and in the State of Maharashtra.
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 three sons viz. JAYANTI KANJIBHAI KARIA (son of both the deceased), DILIP KANJIBHAI KARIA (son of both the deceased) and JETHALAL KANJIBHAI KARIA (son of both the deceased) died on 28.07.2021 leaving behind widow, one son and three daughters viz.
3 TP 866 of 2024 GEETA JETHALAL KARIA (daughter in law of both the deceased/ wife of deceased son), RAJESH JETHALAL KARIA (Grandson of both the deceased/son of deceased son), SONAL JAYESH KOTAK (Grand daughter of both the deceased/daughter of deceased daughter), DHARMISHTHA MITESH THAKKAR (granddaughter of both the deceased/daughter of deceased son) and KASHMIRA MANISH THAKKAR (married grand daughter) 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 Advocate for petitioner submits that JAYANTI KANJIBHAI KARIA, DILIP KANJIBHAI KARIA , GEETA JETHALAL KARIA, SONAL JAYESH KARIA, DHARMISHTHA MITESH THAKKAR and KASHMIRA MANISH THAKKAR had given their consent for issuance of succession certificate in favour of RAJESH JETHALAL KARIA.
The consent affidavits are annexed as page no. 27 to 35.
6. Advocate for Petitioner submits that being the grandson of deceased claims to be entitled for 1/12th share in the estate left by the deceased.
Advocate for the petitioner submits that in para no. 7 of the petition the averment with respect to the share of the petitioner left by the deceased is wrongly mentioned.
4 TP 866 of 2024 Advocate for the petitioner submits that he may be permitted to carry out the correction and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction forthwith. 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 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.
5 TP 866 of 2024 Advocate for the petitioner submits that Affidavit of Service dated 26.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 28.03.2024 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/ ksa/rvr TESTAMENTARY REGISTRAR