Bombay High CourtTP/1644/2024grant issued

Manjiri Vasant Sarwate v. Sanjeevani Vasant Sarwate (Deceased)

2024-07-24Shri. S. B. Bhansali (Prothonotary Senior Master))5 pages

1 TP 1644 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th July'2024 Sr. No. - 24 -TP/1644/2024 (ECHCBM02026412024) Mr. Rajesh Devgharkar, Advocate i/b. Vivaka partners 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. Sanjeevani Vasant Sarwate, who died at Mumbai on 16.04.2017. 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 petitioner submits that the said deceased ordinarily resided at 19, Unnati Co-operative Housing Society Ltd., Shahaji Raje Marg, Vile Parle (East), Mumbai -400 057, and left the property in Greater Mumbai.

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.

2 TP 1644 of 2024 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. The husband of the deceased died on 24.12.2016. copy of the death certificate is annexed as Exhibit "C" to the petition. Advocate for petitioner submits that the deceased left behind him two daughters and one son viz. Manjiri Vasant Sarwate (unmarried daughter of the deceased/petitioner herein), Anjali Rajendra Prabhu (married daughter of the deceased) and Satyajit Vasant Sarwate (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 Anjali Rajendra Prabhu and Satyajit Vasant Sarwate had given their consent for issuance of succession certificate in favour of Manjiri Vasant Sarwate.

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

It has been observed that in para no. 5 to the petition the name and details of the husband of the petitioner is not mentioned. Advocate for the petitioner submits that he may be permitted to carry out correction with respect to the

3 TP 1644 of 2024 name and details of the husband of the deceased. He 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 the correction in para no. 5 to the petition with respect to the name and details of the husband of the deceased. Advocate for the petitioner will upload the corrected version. Reverification is dispensed with.

6. Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/3rd 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.

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 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 29.05.2024 for proving General Notice filed through e-filing.

Advocate for the petitioner submits that he will upload the Administration Bond within one week. Office to proceed with grant as soon as the Advocate for the petitioner upload the Administration Bond within one week from today and if it is not uploaded the order of grant stands cancelled.

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 :

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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 proceed with grant as soon as the Advocate for the petitioner upload the correction in para no. 5 to the petitioner as well as the Administration Bond within one week from today and if it is not uploaded the order of grant stands cancelled.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR