Kamalesh Khanderao Kulkarni v. Khanderao Mahadev Kulkarni

BEFORE : MRS. R. V. Rane COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 27th September, 2024 CALLED FOR COMPLIANCE :

TP/1932/2024 Mr. Nishant D. Mokal i/b. Jha Legal Associates, Advocate for the petitioner.

(ECHCBM022257 62023) P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain assets and securities belonging to the deceased No. (1) viz. Khanderao Mahadev Kulkarni who died at Pune on 9th day of May, 1998. Copy of death certificate is annexed at Exhibit- "A"to the petition. Copy of Identification proof of deceased is annexed at Exhibit - "C" to the petition.

And deceased No. (2) Swati Khanderao Kulkarni (i.e. the wife of the Deceased Mr. Khanderao Mahadev Kulkarni) died at Mumbai on 31.03.2016. Copy of death certificate is annexed at Exhibit - "B" to the petition. Copy of Identification proof of deceased is annexed at Exhibit - "D" to the petition.

2. Advocate for the petitioner submits that, that the said both the deceased ordinarily resided at Flat No. C3/29, Samruddhi Society, Baburao Parulekar Marg, Opp. Police Station, Dadar West, Mumbai - 400 028 and / or left movable properties within Greater Bombay and in the State of Maharashtra and elsewhere in India.

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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 the deceased surviving as his 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 the deceased left behind him son of the deceased viz. 1) Kamlesh Khanderao Kulkarni (son of the deceased / Petitioner), 2) Shrikant Khanderao Kulkarni (son of the deceased). Advocate for the petitioner submits that both deceased had no other legal heirs. Save and except there are no other legal heirs and next of king left by the deceased, which is mentioned at para no. 4 of the petition.

Advocate for the petitioner submtis that Shrikant Khanderao Kulkarni had given their consent for issuance of succession certificate in favour of Kamlesh Khanderao Kulkarni.

The consent affidavit is annexed as page no. 21.

6. Advocate for petitioner submits that being the 1⁄2 shares 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 the General Notice was issued on .... 4

- 4 - 03rd May, 2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 16th July, 2024 for proving General Notice filed through e-filing and Administration Bond dated 27th June, 2024 also filed through efiling.

11. This petition is filed for grant of Succession Certificate in respect of assets and securities 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 Assets and 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 that there is no cross Petition is pending or affidavit resisting the petition is filed.

3. Office is directed to issue grant within 12 weeks from date of uploading of the order.

27.09.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR