Shreekant Gopal Patwardhan v. Gopal Dattatray Patwardhan

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 23rd September'2024 Sr. No. 11, TP-968-2024 (ECHCBM02011632024) Ms. Princee Vaishnav i/b. Mr. D. D. Dubey, Advocate for petitioner. Called for Compliance :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Gopal Dattatraya Patwardhan, who died at Mumbai on 25.10.2011. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'B' to the petition.

2. Advocate for petitioner submits that the said the deceased ordinarily resided at 11A, Rajaram Wadi, 96-A Hill Road, Bandra (west), Mumbai-400050 and left property within Greater Bombay and m 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. Deceased was survived by his widow and one son. Widow of the deceased viz. Shakuntala Gopal Patwardhan died on 26.02.2014. Advocate for petitioner submits that the deceased left behind his only son viz. Shreekant Gopal Patwardhan, who is petitioner herein. Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 5 of the petition.

Advocate for petitioner is directed to correct the word "Widow" and replace as "Wife" in para no. 5 of the petition. Advocate for petitioner to carry out correction forthwith. Re-verification dispensed with. Advocate for petitioner to upload the corrected version of the petition.

6. Advocate for Petitioner submits that the petitioner being son of the deceased claims to be entitled to 100% share of the estate.

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. Advocate for the petitioner submits that Affidavit of Service dated 23.08.2024 for proving General Notice filed through e-filing. "Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary Petition 2559 of 2022, directions was given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class- I legal heir. Registry is directed to not to insist for filing / furnishing of Administration Bond." Hence, Administration Bond 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. Office to issue grant as soon as Advocate for petitioner will carry out correction in para no. 5 of the petition and upload the corrected version of the petition.

COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR Ajay