Milan Anant Dighe v. Neha Milan Dighe Alias Meha Milan Dighe
1 TP 1513 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 26th August'2024.
Sr. No. 18 - TP/1513/2024 (ECHCBM02237262023) Mr. Deepak Sonkamble, Advocate i/b. Ajit Hodage 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 Securities belonging to the deceased viz. Neha Milan Dighe alias Meha Milan Dighe, who died at Alibag on 18.02.2014. 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 02.05.2023 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 accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as page 19 to 20 to the petition.
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Advocate for petitioner submits that the said deceased ordinarily resided at Plot No. 2, Shivsagar, Kurul, Alibag, Dist. Raigad, Maharashtra - 402201, and left her property within the Greater Mumbai and in the State of Maharashtra.
Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.
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 her only heirs next-of-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 her husband and son viz. (1) Milan Anant Dighe
3 TP 1513 of 2024 (husband of the deceased/petitioner herein) and (2) Sameer Milan Dighe (son of the deceased). Save and except there are no other legal heirs and next of kin left by the deceased, which is mentioned at para no. 4 of the petition. Advocate for petitioner submits that Sameer Milan Dighe had given his consent for issuance of succession certificate in favour of Milan Anant Dighe.
The consent affidavits are annexed as page no. 12 to 14.
6. Advocate for Petitioner submits that being the husband 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.
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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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 21.05.2024 for proving General Notice filed through e-filing and Administration Bond dated 19.08.2024 also filed through e-filing. The Administration Bond is taken on record.
Advocate for the petitioner submits that he may be permitted to carry out correction with respect to the date of lodging of the petition in the Administration Bond. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction with respect to the date of lodging of the petition in the Administration Bond. He will upload the corrected version. Reverification is dispensed with.
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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 endorsement be made on the Administration Bond, subject to satisfaction of the Department.
COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR