Ila Ramniklal Jhatakia v. Dr. Khushalchand Uttamchand Jhatakia Alias Khushalchand Uttamchand Jhatakia

1 TP 1298 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th June'2024.

Sr. No. - 26- TP 1298 of 2024 (ECHCBM02037222024) Mr. Sameer Logade, 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 viz. Dr. Khushalchand Uttamchand Jhatakia alias Khushalchand Uttamchand Jhatakia, who died at Mumbai on 22.12.1991. 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 11.02.2024 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 accepted. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at 10B-Maheshwari Mansion, 34-Nepean Sea Road, Mumbai -400026 and/or left property within Greater Bombay, in the State of Maharashtra 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 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 and wife of the deceased died on 15.1.1984. Copy of the death certificate is annexed as Exhibit "C" to the petition.

Advocate for the petitioner submits that the deceased died issueless.

Advocate for petitioner submits that the deceased had brother viz Ramniklal U. Jhatakia who died on 12" October, 2008 and wife of Naumalikaben Ramniklal Jhatakia (sisterin-law of deceased) died on 4" November, 2002. Copy of the death certificate is annexed as Exhibit 'D' of Ramniklal Uttamchand Jhatakia and copy of death certificate is

3 TP 1298 of 2024 annexed as Exhibit 'E" . Ramniklal Jhatakia brother of the deceased leaving behind viz. Ila R. Jhatakia (niece of the deceased/petitioner No. 1/daughter of deceased brother), Dhanesh Ramniklal Jhatakia (nephew of the deceased/petitioner no. 2/son of the deceased brother), Shraddha Ramniklal Jhatakia (niece of the deceased/petitioner no. 3/daughter of deceased brother) and Manish Ramniklal Jhatakia (nephew of the deceased/son of deceased brother). 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 Manish Ramniklal Jhatakia had given his consent for issuance of succession certificate in favour of Ila R. Jhatakia , Dhanesh Ramniklal Jhatakia and Shraddha Ramniklal Jhatakia. The consent affidavits are annexed as page no. 25 to 29.

6. Advocate for Petitioner submits that being the niece and nephew of deceased claims to be entitled for 1/4th 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.

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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 29.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 13.06.2024 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

5 TP 1298 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.

ksa/rvr COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR