Bombay High CourtTP/1976/2024grant issued

Parag Manilal Shah v. Usha Manilal Shah

2024-07-12Shri. S. B. Bhansali (Prothonotary Senior Master))5 pages

1 TP 1976 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 12th July'2024 Sr. No. - 24 -TP/1976/2024 (ECHCBM02192462023) Mr. Hemant Hasnale, Advocate 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 no. (1) viz. Usha Manilal Shah, who died at Mumbai on 03.02.2013. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no. (2) viz. Shah Manilal Nanchand alias Manilal Nanchand Shah, who died at Mumbai on 19.02.2003. Copy of death certificate is annexed at Exhibit -'B' to the petition Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 01.09.2023 for dispensation of identification proof of both 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 both 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 both the deceased. The said request is accepted. Copy of Affidavit

2 TP 1976 of 2024 for dispensation of identification proof of both the deceased is annexed as Exhibit "C" to the petition.

Advocate for petitioner submits that both the said deceased ordinarily resided at 197/7, Uday Building, R.B. Mehta Marg, Ghatkopar (East), Mumbai -400 077 and left properties within Greater Bombay and in the State of Maharashtra and throughout India.

3. Advocate for petitioner submits that, both 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 both the deceased surviving as their 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 both the deceased predeceased both the deceased. Advocate for petitioner submits that both the deceased left behind them two sons and four married daughters viz. Parag Manilal Shah (son of the deceased/petitioner herein), Paresh Manilal Shah (son of the deceased), Shilpa Ashok Mehta (married daughter of the deceased), Chhaya Dinesh Shah (married daughter of the deceased), Varsha Dhiren Shah (married daughter of the deceased), Jasmin Bhavesh Parikh ( married daughter of the deceased). Save and except there are no other legal heirs and next of kind left by

3 TP 1976 of 2024 the deceased, which is mentioned at para no. 4 of the petition.

Advocate for petitioner submits that Paresh Manilal Shah, Shilpa Ashok Mehta, Chhaya Dinesh Shah, Varsha Dhiren Shah and Jasmin Bhavesh Parikh had given their consent for issuance of succession certificate in favour of Parag Manilal Shah.

The consent affidavits are annexed as page no. 24 to 42.

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/6th 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.

4 TP 1976 of 2024 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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 21.05.2024 for proving General Notice filed through e-filing and Administration Bond dated 11.06.2024 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 :

5 TP 1976 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.

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