Perseus Soli Vachha v. Jaloo Soli Vachha

1 TP 1656 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th July'2024 Sr. No. - 13- TP 1656 of 2024 (ECHCBM02147562023) Mr. V. D. Chandane, Advocate i/b. Madhav Y. Shah 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. Jaloo Soli Vachha, Parsi who died at Mumbai on 03.05.2015. 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.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Flat No. 04, Plot - 695, Dr. Dinshaw Master Road, Mumbai - 400014, and left property within Greater Bombay 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.

2 TP 1656 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 Indian Succession Act, 1925 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.

It has been observed that in para no. 4 of the petition the name of the husband of the deceased and details of the husband is not mentioned. Advocate for the petitioner submits that he may be permitted to mentioned the name of the husband of the deceased as well as the details of the husband in para no. 4. He will upload the corrected version. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to mention the name and details of husband of the deceased and upload the corrected version. Reverification is dispensed with.

Advocate for petitioner submits that the deceased left behind her only son Perseus Soli Vachha (son of the deceased/ petitioner herein). 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.

6. Advocate for Petitioner submits that being the only son of deceased claims to be entitled for full share in the estate left by the deceased.

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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.

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

4 TP 1656 of 2024 e-filing and Administration Bond dated 20.04.2024 also filed through e-filing.

Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

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.

Office to issue grant as soon as the Advocate for the petitioner carry out correction in para no. 4 of the petition and upload the corrected version COMPANY REGISTRAR / TESTAMENTARY REGISTRAR