Hansa Ashok Shah v. Jasvantiben Gunvantarai Daftary

1 TP 2087 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 12th July'2024 Sr. No. - 26 -TP/2087/2024 (ECHCBM02050882023) Mr. Harshal Suryawanshi, 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 viz. Jasvantiben Gunvantrai Daftary alias Jaswantiben Gunvantrai Daftri who died at Mumbai on 01.03.2005. 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 08.07.2024 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 separately to the petition.

2 TP 2087 of 2024 2.

Advocate for petitioner submits that the said deceased ordinarily resided at 31, 32, Gyan Sagar, S. K. Bole Marg, Dadar (West), Mumbai- 400 028 and/ or left property within Greater Mumbai and elsewhere in 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 husband of the deceased died on 2.11.2013. Copy of the death certificate is annexed as Exhibit "B" to the petition. Advocate for the petitioner submits that he may be permitted to carry out correction with respect to name of the husband of the deceased in para no. 4. He 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 with respect to the name of the husband of the deceased in para no. 4 to the petition forthwith and upload the corrected version. Reverification is dispensed with.

Advocate for petitioner submits that the deceased left behind her two son and two married daughter viz. (1)

3 TP 2087 of 2024 Bharat Gunvantrai Daftary (son of the deceased), (2) Hansa Ashok Shah (married daughter of the deceased/petitioner herein),

(3) Manoj Gunvantrai Daftary who died on 14.07.2018 leaving behind (3a) Malti Manoj Daftary (daughter in law of the deceased/wife of deceased son), (3b) Rayesh Manoj Daftary (grand son of the deceased/son of deceased son), (3c) Pooja Manoj Daftary (grand daughter of the deceased/ daughter of deceased son). (4) Reema Kiran Lathiwala Nee Reema Gunvarntrai Daftary (married daughter 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 Bharat Gunvantrai Daftary , Malti Manoj Daftary, Rayesh Manoj Daftary, Pooja Manoj Daftary and Reema Kiran Lathiwala Nee Reema Gunvarntrai Daftary had given their consent for issuance of succession certificate in favour of Hansa Ashok Shah .

The consent affidavits are annexed as page no. 15 to 32.

6. Advocate for Petitioner submits that being the married daughter of deceased claims to be entitled for 1/4th share 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 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 through Bailiff, Deputy Sheriff of Mumbai dated 12/06/2024 for proving General Notice and Administration Bond dated 07.05.2024 also filed through e-filing.

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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.

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.

Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 4 to the petition with respect to name of the husband of the deceased. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR