Rajagopalan P N Alias P N Rajagopalan, Alias Rajagopalan Padmanabhan Narayana, Son Of Govindan N v. Raji Rajagopal Alias Raji Gopalan, Wife Of Rajagopalan Padmanabhan Narayana

1 TP 875 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 31st July'2024 Sr. No. - 13 -TP/875/2024 (ECHCBM02016872024) Mr. Deepak Sonkamble, Advocate i/b. Ajit Hodage 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. Raji Rajagopal alias Raji Gopalan, wife of Rajagopal Padmanabhan Narayana who died at Thavanur (Kerala) on 08.04.2015. 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 Raj Vihar, Thavanur, P.O Malappuram, Kerala -679573, India, and both left their properties within the Greater Mumbai and elsewhere in India.

Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble

2 TP 875 of 2024 Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.

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 her only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition. Advocate for the petitioner is directed to carry out correction in para no. 4 to the petition with respect to replacing the word "his" with the word "her". Advocate for the petitioner submits that he may be permitted to carry out the correction and he will upload the corrected version. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to replace the word "his" with the word "her" in para no. 4 to the petition. He will upload the corrected version. Reverification is dispensed with.

5.

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

Advocate for petitioner submits that the deceased left behind her husband and two sons viz. Rajagopalan P N alias P N Rajagopalan alias Rajagopal Padmanabhan Narayana,

3 TP 875 of 2024 Son Govindan N (husband of the deceased/petitioner herein) , Aswin Raj R, Son of Rajagopal Padmanabhan of Narayana (son of the deceased) and Ajay Raj R, son of Padmanabhan Narayana (son 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 Aswin Raj R, Son of Rajagopal Padmanabhan of Narayana and Ajay Raj R, son of Padmanabhan Narayana had given their consent for issuance of succession certificate in favour of Rajagopalan P N alias P N Rajagopalan alias Rajagopal Padmanabhan Narayana, Son of Govindan N.

The joint consent affidavits are annexed as page no. 15 to 17.

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

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

4 TP 875 of 2024 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 22.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 10.07.2024 also filed through e-filing.

Advocate for the petitioner submits that he may be permitted to carry out correction with respect to the claim amount in the Administration Bond. He will upload the corrected Administration Bond and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction with respect to the claim amount in the

5 TP 875 of 2024 Administration Bond. He will upload the corrected version. Reverification is dispensed with.

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 Admministration Bond, subject to satisfaction of the Department.

Office to issue grant as soon as the Advocate for the petitioner carry out correction in para no. 4 to the petition and correction in the Administration Bond.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR