Chandraprakash Hastimal Tani v. Hastimal Gulabchand Shah Alias Hastimal Gulabchand Tani Alias Hastimal G. Shah (Deceased)
1 TP 1567 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 31st July'2024 Sr. No. - 17 -TP/1567/2024 (ECHCBM02043472024) 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. Hastimal Gulabchand Shah alias Hastimal Gulabchand Tani alias Hastimal G. Shah,who died at Mumbai on 22.03.2013. 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.
Advocate for the petitioner submits that in the early years there was practice in the community to write the surname as per the business of the persons. That the deceased was in trading business, therefore, some to the persons knows his as per his business, as Shah, therefore, in all the records and correspondences his name was showed as Shah and it was was continued later on therefore his name changed to Shah and from that period his sir name was continued on all the documents and papers as Shah instead of Tani. Therefore, the name of deceased upon
2 TP 1567 of 2024 the Death Certificate and also upon the other documentary proof showed as Shah instead of Tani. Hence, the person of Hastimal Gulabchand Shah and Hastimal Gulabchand Tani is the same person.
2.
Advocate for petitioner submits that the said deceased ordinarily resided C/20, Bharat Nagar, Grant Road, Mumbai - 400007 and/or left certain Securities 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. The wife of the deceased viz. Bhawaridevi Hastimal Tani alias Bhawaridevi Hastimal Shah, died on 05.11.2014. Copy of the death certificate is annexed as Exhibit "C" to the petition. Advocate for petitioner submits that the deceased left behind him two sons viz. Chandraprakash Hastimal Tani (son of the deceased/petitioner herein) and Rajesh Hastimal Tani (son of the deceased). Save and except there
3 TP 1567 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 Rajesh Hastimal Tani had given their consent for issuance of succession certificate in favour of Chandraprakash Hastimal Tani. The consent affidavits are annexed as page no. 19.
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.
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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 15.06.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 02.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 06.07.2024 also filed through e-filing.
Advocate for the petitioner submits that he may be permitted to carry out correction with respect to claim amount 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 claim amount in the Administration Bond. He will 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 Succession Certificate in favor of the petitioner. Hence, facts
5 TP 1567 of 2024 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