Sheetal Naresh Bhansali v. Champaklal Trikamlal Sanghvi

1 TP 1576 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th July'2024 Sr. No. - 16 -TP/1576/2024 (ECHCBM02008992024) Ms. Dhara Sangani, Advocate for the petitioner. Called for Compliance Advocate for the petitioner submits that item no 1 in the table of the legal heirs of deceased the name of the mother of the deceased is wrongly mentioned as Samuben Tikamchand Sanghvi instead of Samuben Trikamchand Sanghavi' and the said typographical error may be considered and further correction may be dispensed with in the table item no. 1 at para no. 4 of the legal heirs. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in item no. 1 in para 4 to petition and upload the corrected version. Reverification is dispensed with.

Office is directed to correct the name of the deceased Champaklal Trikamchand Sanghvi as per the petition.

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 belonging to the deceased viz. Champaklal Trikamchand Sanghvi, who died at Mumbai on 07.09.2022. Copy of

2 TP 1576 of 2024 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 Room No.66, Vora Building, 3" floor, Near Goldeol, Girgaon, Gr. Mumbai, Mumbai400004, Maharashtra, India and/or left property within 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 father of the deceased predeceased the deceased. The wife of the deceased viz Kamlaben Sanghvi died on 05.02.2022. Copy of the death certificate is annexed as Exhibi "C" to the petition.

Advocate for petitioner submits that the deceased left behind him mother, five daughters, one son viz. Samuben Trikamchand Sanghvi (mother of the deceased), Pavandevi Chandanmal Bhansali (daughter of the deceased), Sheetal

3 TP 1576 of 2024 Bhansali (daughter of the deceased/petitioner herein), Vijay Champaklal Sanghvi (son of the deceased), Pinky Devendra Shah (daughter of the deceased), Dimple Sanjay Shah (daughter of the deceased), Kinjal Ajit Mehta (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 Samuben Trikamchand Sanghvi, Pavandevi Chandanmal Bhansali, Vijay Champaklal Sanghvi, Pinky Devendra Shah, Dimple Sanjay Shah, Kinjal Ajit Mehta had given their consent for issuance of succession certificate in favour of Sheetal Bhansali.

The consent affidavits are annexed as page no. 17 to 35.

6. Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/7th 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.

4 TP 1576 of 2024 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.

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 24.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 09.05.2024 also filed through e-filing.

12. This petition is filed for grant of Succession Certificate in respect to the debts 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 1576 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 debts 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