Manjula Prabhashankar Joshi v. Prabhashankar Shivshakar Patel Deceased
1 TP 1295 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th June'2024.
Sr. No. 25 - TP 1295 of 2024 (ECHCBM02003932024) Mr. Dhansukh Tailor, 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. Prabhashankar Shivshankar Patel who died at Mumbai on 07.01.2004 . Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at 2/16, Seeta Mahal, B.P. Road, Near Parsi General Hospital, Warden Road, Mumbai - 400036 and or left property in Mumbai and 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.
2 TP 1295 of 2024 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 parents of the deceased predeceased the deceased.
Advocate for petitioner submits that the deceased left behind him widow, two daughters and two sons viz. Manjula Prabhashankar Patel (Joshi)(widow of the deceased/petitioner herein), Bhavna Prabhashankar Joshi (daughter of the deceased), Usha Prabhashankar Joshi (daughter of the deceased), Chetan Prabhashankar|Joshi (son of the deceased) and Jayesh Prabhashankar Joshi (son of the deceased). 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.
Advocate for petitioner submits that Bhavna Prabhashankar Joshi, Usha Prabhashankar Joshi, Chetan Prabhashankar Joshi and Jayesh Prabhashankar Joshi had given their consent for issuance of succession certificate in favour of Manjula Prabhashankar Patel (Joshi). The consent affidavits are annexed as page no. 13 to 15.
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6. Advocate for Petitioner submits that being the wife of deceased claims to be entitled for 1/5th 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 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.
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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 06.04.2024 also filed through e-filing.
It has been observed that the claim amount in the Administration Bond is wrongly mentioned. Advocate for the petitioner submits that the he may be permitted to carry out correction in the Administration Bond and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction forthwith and upload the corrected version. Reverification is dispensed with.
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
5 TP 1295 of 2024 left by the deceased and shown in the schedule, in prescribed format. Grant to be expedited.
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 the correction in the Administration Bond and upload the correct version of the Administration Bond without further reference.
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR