Parveen Phiroze Engineer v. Jal Hormusji Lam Alias Jal H Lam

1 TP 1249 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 16th July'2024 Sr. No. - 31 TP/1249/2024 (ECHCBM02236282023) Ms. Bina Shivhare, Advocate 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 no. (1) viz. Jal Hormusji Lam alias Jal H Lam who died at Mumbai on 04.12.2009. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no. (2) viz. Aloo Jal lam who died at Mumbai on 07.07.1994. Copy of death certificate is annexed at Exhibit -'A' to the petition Advocate for petitioner submits that since identification proof of the deceased No.1 and 2 is not available petitioner had filed Affidavit dated 04.10.2023 for dispensation of identification proof of the deceased no. 1 and 2.

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 no. 1 and 2 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 no. 1 and 2. The said request is accepted.

2 TP 1249 of 2024 of identification proof of the deceased no. 1 and 2 is annexed as Exhibit "B-1" to the petition.

2.

Advocate for petitioner submits that both the said deceased ordinarily resided at Flat No.4, 511 - C, Adenwalla Road, Amrut CHS Matunga, Mumbai-400019 and left property within Greater Bombay in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that both 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 both the deceased surviving as their only heirs next-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 no. 1 and deceased no. 2 predeceased the deceased.

Advocate for petitioner submits that the deceased No.

(1) and deceased no. (2) left behind them married daughter and son viz. Parveen Phiroze Engineer (married daughter of the deceased no. 1 and deceased no. 2/petitioner herein) and Homiyar Jal Lam (son of the deceased no. 1 and deceased no. 2). Save and except there

3 TP 1249 of 2024 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 Homiyar Jal Lam had given his consent for issuance of succession certificate in favour of Parveen Phiroze Engineer. The consent affidavits are annexed as page no. 20 to 22.

6. Advocate for Petitioner submits that being the married daughter of deceased claims to be entitled for 1/2 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. 9.

Advocate for petitioner submits that no application has been made to any District Court for Succession

4 TP 1249 of 2024 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 22.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 25.04.2024 also filed through e-filing.

Advocate for the petitioner submits that she may be permitted to carry out correction with respect to the date of lodging of the petition in the Administration Bond. She will upload the corrected version and request the reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction in the Administration Bond and upload the corrected version. Reverification 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

5 TP 1249 of 2024 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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR