Vinay Bhagwandas Chhabria v. Bhagwandas Tulsidas Chhabria
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 25th September, 2024 CALLED FOR COMPLIANCE :
(ECHCBM02177572023) Ms. Anshu Agrawal i/b. Mr. Chaitanya Purankar, Advocate for petitioner.
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. Bhagwandas Tulsidas Chhabria, who died at Mumbai on 01.08.2011. 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 at23, Karamchand Mansion, 5th floor, Barrack Road, Behind Metro Cinema, Mumbai 400020, Maharashtra, India and left property 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-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 the deceased predeceased the deceased. Advocate for petitioner submits that the deceased left behind, his widow, one son and one married daughter viz. Pooja Bhagwandas Chhabria (Wife of the deceased), Vinay Bhagwandas Chhabria (Son of the deceased) and Sheetal Suchdeo w/o. Pradeep Manohar Suchdeo (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 Pooja Bhagwandas Chhabria (Wife of the deceased) and Sheetal Suchdeo w/o. Pradeep Manohar Suchdeo (Married Daughter of the deceased) had given their consent for issuance of succession certificate in favour of the petitioner viz. Vinay Bhagwandas Chhabria (Son of the deceased). The consent affidavits are annexed as page no. 16 - 23 to the petition.
6. Advocate for Petitioner submits that the wife and daughter of the said deceased has consented that her share in said Demat account shall be given to the son and that they do not claim anything in the said Demat (HUF) account/securities of the deceased. The petitioner as son of the deceased to be entitled to 1/3rd share of the asset.
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 the petitioner is unaware of obtaining any legal representation recently petitioner is seeking legal advice and thereafter taking advice the petitioner has filed present petition, thereafter delay may be condoned. 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 03.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 28.06.2024 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.
25.09.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay