Ramesh Chandra Sehgal (Deceased) v. Lajpat Rai Saigal

1 TP 1512 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th July'2024 Sr. No. - 10 -TP/1512/2024 (ECHCBM02042922023) Mr. Nishant D. Mokal, Advocate i/b. Jha Legal Associates for the petitioner.

Called for Compliance It has been observed that in the prayer it has been mentioned that the petition may be granted to the petitioner in respect of " debts and securities" whereas in the cause title it is mentioned as "assets and securities". In the prayer as well it is mentioned in line 3 "power to collect the said "debts' the word "securities" will be added. Advocate for the petitioner Advocate for the petitioner will delete the word "Assets" in cause title clause. Advocate for the petitioner will carry out correction into the petition forthwith. Reverification is dispensed with. Advocate for the petitioner submits that he may be permitted to carry out correction with respect to share of the petitioner in the estate of the deceased as mentioned entitled for 100% instead of entitle for 1⁄2 share in the estate of the deceased. He will upload the corrected version and request that reverification may be dispensed with. The request is accepted. Advocate for the petitioner is permitted to carry out the correction with respect to share

2 TP 1512 of 2024 of the petitioner for 1⁄2 share in the estate of the deceased instead of 100% share. He will upload the corrected version. Reverification is dispensed.

Advocate for the petitioner submits that as per order dated 24.6.2024 he has filed fresh Consent Affidavit and corrected Administration Bond. Now the petition can be proceeded.

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. Lajpat Rai Saigal S/o. Harbhagwan Das Saigal who died at Mumbai on 08.07.2010. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at Flat No. B37/4, Maitri Park, Sion Trombay Road, Near RK Studio, Chembur, Mumbai 400071 and/or left movable properties within Greater Bombay and 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.

3 TP 1512 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. Advocate for the petitioner submits that he may permitted to mention the Act "1956" in para no. 5 to the petition. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to mention Act 1956 in para no. 5 to the petition. He will upload the corrected version. Reverification is dispensed with.

5.

Advocate for the petitioner submits that the wife of and mother of the petitioner died on 22.07.2011. The copy of the death certificate is annexed as Exhibit "C". Advocate for petitioner submits that the deceased left behind him son and married daughter viz. Ramesh Chandra Sehgal (son of the deceased/petitioner herein) and Kanta Krishanlal Vijan (married daughter 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 Kanta Krishanlal Vijan had given her consent for issuance of succession certificate in favour of Ramesh Chandra Sehgal.

4 TP 1512 of 2024 The consent affidavit of Kanta Krishanlal Vijan is annexed separately to the petition.

6. Advocate for Petitioner submits that being the son 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 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

5 TP 1512 of 2024 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 through Bailiff, Deputy Sheriff of Mumbai dated 29.04.2024 for proving General Notice and Administration Bond dated 08.05.2024 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 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

6 TP 1512 of 2024 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 comply the aforesaid direction.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR