Vernon George Anthony Lobo v. Lawrence Sixtus D'Souza (Deceased)
1 TP 1082 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 15th July'2024 Sr. No. - 21- TP/1082/2024 (ECHCBM02134992023) Mr. Sid Desai, Advocate i/b. Deepak Jeswani 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. Lawrence Sixtus D'souza who died at Mumbai on 21/07/2016. 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 11.12.2023 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 1082 of 2024 accepted. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition.
Advocate for the petitioner in para no. 1 with respect to identification proof of the deceased inadvertently mentioned that Exhibit A-1 is the xerox copy of the PAN card of the deceased. Instead the Advocate for the petitioner has annexed Affidavit dated 11.12.2023 for dispensation of identification proof of the deceased and marked as Exhibit "A1" to the petition.
Advocate for the petitioner is directed to carry out correction in para no. 1 with respect to identification proof of the deceased and upload the corrected version. Reverification is dispensed with.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at 262, 01, Devdarshan, ST. Anthony Road, Chembur, Maharashtra - 400 071 and left property within limits of Greater Bombay 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. 4.
Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs next-
3 TP 1082 of 2024 of-kin according to Indian Succession Act, 1925 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. The deceased died as bachelor.
Advocate for petitioner submits that the deceased left behind him sister viz. Irene Therese nee Irene George Anthony Lobo who died on 13.08.2014 leaving behind daughter viz. Vernon George Anthony Lobo (nephew of the deceased/son of deceased sister). 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 nephew of deceased claims to be entitled for entire 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 1082 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 14.06..2024 for proving General Notice filed through e-filing and Administration Bond dated 08.06.2024 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
5 TP 1082 of 2024 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.
Office to issue grant as soon as the Advocate for the petitioner carry out correction with respect to the identification proof of the deceased.
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR