Venkatesh Mangesh Rajadhyaksha v. Vithal Ramakrishna Rajadhyaksha Alias Vithal Ramkrishna Rajadhyaksha
1 TP 995 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 14th June'2024.
Sr. No. 18 - TP - 995 of 2024 (ECHCBM02238152023) Ms. Jyoti Badgujar, Advocate i/b. S. U. Lakdawala for 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 & Securities belonging to the deceased viz. Vithal Ramakrishna Rajadhyaksha alias Vithal Ramkrishna Rajadhyaksha alias Vithal R.Rajadhyaksha alias Vithal Rajadhyaksha, who died at Goa on 03.02.1970. Copy of death certificate is annexed at Exhibit -'A' to the petition. Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 30.11.2023 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 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 995 of 2024 accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as Exhibit "B" to the petition.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at Palolem, Canacona, Goa 403 702 and left property within Greater Mumbai, in the State of Maharashtra 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 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 his only heirs nextof-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 mother of the deceased viz. Savitri Ramakrishna Rajadhyaksha died
3 TP 995 of 2024 on 22.11.1957. The wife of the deceased viz. Ramabai Vithal Rajadhyaksha died on 27.05.1976. Copy of the death certificate is annexed as Exhibit "C" to the petition. Advocate for petitioner submits that the deceased left behind him son viz. Mangesh Vithal Rajadhyaksha who died on 7.3.1989. Copy of the death certificate is annexed as Exhibit "D" leaving behind widow viz Urmila Mangesh Rajadhyaksha who died on 02.01.2018 (daughter in law of the deceased). Copy of the death certificate is annexed as Exhibit "E" to the petition and left behind only son viz. Venkatesh Mangesh Rajadhyaksha (grand son of the deceased/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. 4 of the petition.
6. Advocate for Petitioner submits that being the grandson of deceased claims to be entitled for Full 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 995 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 25.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 12.06.2024 also 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 No. 2559 of 2022 directions were 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
5 TP 995 of 2024 Administration Bond. Hence, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.
12. This petition is filed for grant of Succession Certificate in respect to the Debts & 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 & 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.
ksa/rvr COMPANY REGISTRAR / TESTAMENTARY REGISTRAR