Pramodini Pramod Bait v. Rekha Devji Gonbare

1 TP 892 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 9th August''2024 Sr. No. - 17 - TP 892 of 2024 (ECHCBM02180072023) Mr. R. A. Trivedi, 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 debts and securities belonging to the deceased viz. Rekha Devji Gonbare, spinster who died at Mumbai on 14.10.2021. 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.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Room No. 302, 3"' Floor, Riddhi Siddhi Building, Near Aai Mataji Temple, Mahatma Phule Nagar, Thane (West), Thane - 400 606 and/or left property within Greater Bombay and Thane in the State of Maharashtra and elsewhere in India.

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.

2 TP 892 of 2024 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. 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 sister viz. Pramodini Pramod Bati (maiden name Ranjana Devji Gonbore). 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.

6. Advocate for Petitioner submits that being the sister of deceased claims to be entitled for 100% 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 deceased or for letters of administration with or without the Will for annexed to their property and credits.

3 TP 892 of 2024 9.

That no application has been made to any District Court or District Delegate or to any High Court, for Succession Certificate in respect of any debt or security referred hereby belonging to the estate of the Deceased. Prior to this a Heirship Certificate have been issued in favour of the Plaintiff herein on 09/04/2022 concerned to immovable property (i.e. Flat No. 302, "B" wing, Near Aai Mataji Mandir, Riddhi Siddhi Building, Mahatma Phule Nagar, Thane) of the deceased by the Hon'ble Court of Civil Judge Senior Division Thane in Civil M.A./40/2022. Hereto annexed and marked as Exhibit- "F" Colly. are Copy/ies of said Order, dated 09/04/2022 of the Hon'ble Court of Civil Judge Senior Division Thane in Civil M.A./40/2022 and issued Heirship Certificate in favour of the plaintiff.

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 through Bailiff, Deputy Sheriff of Mumbai dated 10.05.2024 for proving General Notice and Administration Bond dated 14.06.2024 also filed through e-filing.

4 TP 892 of 2024

12. This petition is filed for grant of Succession Certificate in respect to the debts and 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 debts and 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