Amit Prakash Shah v. Hiralaxmi Chhaganlal Shah(Deceased)

1 TP 1749 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th July'2024.

Sr. No. 501 - TP/1749/2024 (ECHCBM02042842024) Mr. Madhav Y. Shah 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. Hiralaxmi Chhaganlal Shah, who died at Mumbai on 14.06.1999. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "A1" to the petition.

Advocate for the petitioner submits that identification proof of the deceased in annexed as Exhibit "A1" to the petition but inadvertently the averment is not made into the petition. Advocate for the petitioner submits that he may be permitted to carry out correction into the petition and he will upload the corrected version and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out correction in para no. 1 of to the petition and upload the corrected version. Reverification is dispensed with.

2 TP 1749 of 2024 2.

Advocate for petitioner submits that the said deceased ordinarily resided at B/8, Tardeo Chamber, 1st Floor, Mumbai - 400034, and left property within Greater Bombay and in throughout 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. 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 predeceased the deceased.

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 4 with respect to name of the husband of the deceased. Advocate for the petitioner will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out correction forthwith and upload the corrected version. Reverification is dispensed with.

Advocate for petitioner submits that the deceased left behind her son of the deceased viz Prakash Chhaganlal

3 TP 1749 of 2024 Shah expired on 31.7.2002 leaving behind only son Amit Prakash Shah (grandson 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 grandson of deceased claims to be entitled for full 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 1749 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 24.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 20.04.2024 also filed through e-filing.

Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

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 :

5 TP 1749 of 2024

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.

Office to issue grant as soon as the Advocate for the petitioner carry out averment in para no. 1 with respect to identification proof of the deceased and correction in para no. 4 to the petition and upload the corrected version. ksa/rvr COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR