Deepak Saremal Jain v. Saremal P. Jain(Deceased)

1 TP 1639 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th July'2024 Sr. No. - 23 -TP/1639/2024 (ECHCBM02205782023) Ms. Nerissa Almeida, Advocate i/b. Akshay Pawar 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. Saremal P. Jain who died at Mumbai on 13.05.1997. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition. And deceased no. (2) viz. Chetana S. Jain who died at Bhiwandi, Thane on 22.08.1992. Copy of death certificate is annexed at Exhibit -'B' to the petition. Advocate for the petitioner to carry out averment in para no. 1 with respect to the identification proof of the deceased no. 1 and 2. Advocate for the petitioner submits that she may be permitted to carry out averment in para no.

1 to the petition with respect to identification proof of deceased no. 1 and 2. She 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 averment in para no.

2 TP 1639 of 2024 to identification proof of the deceased no. 1 and 2. Advocate for the petitioner will upload the corrected version. Reverification is dispensed with.

Advocate for petitioner submits that since identification proof of the deceased no. 1 and 2 is not available petitioner had filed Affidavit dated 02.11.2023 for dispensation of identification proof of the deceased no. 1 and 2. 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 no. 1 and 2 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 no. 1 and 2. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased no. 1 and 2 is annexed as page no. 30 to 32 to the petition. 2.

Advocate for petitioner submits that the said deceased no. (1) ordinarily resided at 5/A-204, Indira Complex, 60 Feet Road, Bhayander West Thane-401101 and left properties within Greater Mumbai and in the State of Maharashtra.

Advocate for petitioner submits that the said deceased no. (2) ordinarily resided at 15/B-12, Gopal Nagar, Bhiwandi Thane - 421302 and left properties within Greater Mumbai and in the State of Maharashtra.

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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 their 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 No. 1 predeceased the deceased. The deceased no. 2 daughter of the deceased no. 1viz. Chetana S. Jain predeceased the deceased no. 1.

Advocate for the petitioner submits that the widow of the deceased no. 1 and mother of deceased no. 2 viz. Nenubai Saremalji Jain died on 12.11.2004.

Advocate for petitioner submits that the deceased No.

(1) and (2) left behind them viz. (1) Lalitaben P. Shah (married daughter of the deceased no.1 /married sister of deceased no. 2), (2) Manjula Devi (daughter of the deceased no. 1/sister of deceased no. 2) died on 26.1.2017. Copy of the death certificate is annexed as Exhibit "C" to the petition. (3) Shashikala Raju Jain (daughter of the deceased no. 1/sister of deceased no. 2) died on 04.02.2020. Copy of the death certificate is annexed as Exhibit "D' to the petition. (4) Deepak Saremal Jain (son of the deceased no. 1/brother of deceased no. 2/petitioner

4 TP 1639 of 2024 herein) (5) Bharati Pushpat Jain (married daughter of the deceased no.1/married sister of deceased no. 2). 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 Lalitaben P. Shah and Bharati Pushpat Jain had given their consent for issuance of succession certificate in favour of Deepak Saremal Jain.

The consent affidavits are annexed as page no. 22 to 29.

6. Advocate for Petitioner submits that being the son of deceased no. (1) and brother of deceased no. (2) claims to be entitled for 1/3rd share in the estate left by the deceased no. (1) and (2).

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

5 TP 1639 of 2024 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 20.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 19.04.2024 also filed through e-filing.

Advocate for the petitioner undertakes that she will carry out correction in the Administration Bond and will upload the same.

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

6 TP 1639 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 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.

Office to issue grant as soon as the Advocate for the petitioner carry out the correction in the Administration Bond and upload the corrected version and also averment in para no. 1 to the petition with respect to identification proof of deceased no. 1 and 2.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR