Deepika Manish Gohil v. Manish Ramesh Gohil

1 TP 2073 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 9th September'2024.

Sr. No. 30 - TP/2073/2024 (ECHCBM02190342023) Ms. Khushbu Rajen Mota, Advocate i/b. Nevil Chheda for the 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. Manish Ramesh Gohil who died at Mumbai on 09.05.2019. 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 B-816, Sachin Nagar, Opp. Ravindra Hotel, S.V. Road, Dahisar (East), Mumbai 400 068 and/or left property within Greater Bombay and in the State of 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.

2 TP 2073 of 2024 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 father of the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind him mother, widow, daughter and son viz. Jasawanti Ramesh Gohil (mother of the deceased), Deepika Manish Gohil (widow of the deceased/petitioner herein), Krisha Manish Gohil (daughter of the deceased) and Krish Manish Gohil (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 Jasawanti Ramesh Gohil, Krisha Manish Gohil and Krish Manish Gohil (through natural guardian) had given their consent for issuance of succession certificate in favour of Deepika Manish Gohil.

Pursuant to the order dated 6.04.2021 (Coram : G. S. Patel, J.) in TP No. 1701 of 2017 the Hon'ble Court passed an order that "in all matters where a birth parent seeks such Letters of Administration or a succession certificate, the Registry is not entitled to demand surety justifying the birth minor's share in the property or estate in question. Such a demand can only be made where the

3 TP 2073 of 2024 petitioner is not the birth parent and natural guardian of the minor".

Hence, Deepika Manish Gohil is natural guardian of Krish Manish Gohil (son of the deceased). Hence the share of Krish Manish Gohil not to be deposited in the Hon'ble Court.

The consent affidavits are annexed as page no. 17 to 23. Consent Affidavit of Krish Manish Gohil (son of the deceased) filed through natural guardian viz. Deepika Manish Gohil.

6. Advocate for Petitioner submits that being the wife of deceased claims to be entitled for 1/4th 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.

4 TP 2073 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 17.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 07.09.2024 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 2073 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