Nirav Hemendra Buch v. Hamendra Gulabrai Buch (Deceased)

1 TP 1711 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 7th August''2024 Sr. No. - 20 - TP 1711 of 2024 (ECHCBM02054652024) Mr. Deepak Sonkamble, Advocate i/b. Ajit Hodage for petitioner 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. Mr. Hamendra Gulabrai Buch alias Mr. Hamendra G Buch alias Hemendra Gulabrai Buch, who died at Mumbai on 10.08.2006. Copy of death certificate is annexed at Exhibit -'A' to the petition. Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 07.02.2024 for dispensation of identification proof of the deceased. 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 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. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as page 22 to 23 to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at D -302, Khakhar Apartment, M. G. Cross Road No.01, Behind Parekh Nagar, Mumbai, Maharashtra - 400067 and left his property within the Greater Mumbai, Maharashtra.

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 parents of the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind him widow and sons viz. (1) Nirav Hemendra Buch, (son of the deceased/petitioner herein), (2) Hemangini Hemendra Buch (widow of the deceased) , (3) Virendra Hemendra Buch (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 Hemangini Hemendra Buch , Virendra Hemendra Buch had given

3 TP 1711 of 2024 their consent for issuance of succession certificate in favour of Nirav Hemendra Buch, The consent affidavits are annexed as page no. 11 to 16.

6. Advocate for Petitioner submits that being the son 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.

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

4 TP 1711 of 2024 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 22.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 13.05.2024 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.

2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

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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