Ashutosh Malpani Son Of Pratap Malpani v. Pratap Balkrishnadas Malpani Alias Pratap Malpani

1 TP 1638 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th July'2024 Sr. No. - 22 -TP/1638/2024 (ECHCBM02031552024) Ms. Seema Hunnurkar, 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 no. (1) viz. Pratap Balkrishnadas Malpani alias Pratap Malpani who died at Bangalore, Karnataka on or before 14.02.1990. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "C" to the petition. And deceased no. (2) viz. Vibha Pratap Malpani alias Vibha Malpani who died at Bangalore, Karnataka on or before 14.02.1990. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "D" to the petition 2.

Advocate for petitioner submits that both the said deceased ordinarily resided at G. P. Malpani, 3rd floor, Dhanalaki, Bldg. No. 7, Hataria Marg, Mumbai - 400016

2 TP 1638 of 2024 and left property within Greater Bombay and in the State of Maharashtra.

3. Advocate for petitioner submits that both 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 both the deceased surviving as his 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 both the deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them two sons viz. Ashutosh Malpani (son of the deceased/petitioner herein) and Sudarshan Pratap Malpani (son 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 Sudarshan Pratap Malpani had given his consent for issuance of succession certificate in favour of Ashutosh Malpani.

The consent affidavits are annexed as page no. 14 to 16.

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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.

Advocate for the petitioner submits that she may be permitted to carry out correction in para no. 5 with respect to share of the petitioner as 1/2 share in the estate of the deceased. She will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction forthwith as petitioner is entitle for 1⁄2 share in the estate of the deceased. She will upload the corrected version. Reverification is dispensed with.

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

4 TP 1638 of 2024 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 19.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 17.04.2024 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.

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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.

Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 5 to the petition with respect to the share of the petitioner in the estate of the deceased.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR