Shantilal Ummedmal Shah Alias Shantilal Umedmal Shah v. Dilipkumar Ummedmal Shah Alias Dilipkumar Umedlal Shah

1 TP 21365 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 20th July'2024 Sr. No. - 3 - TP 2135 of 2024 Mr. Sid Desai, Advocate i/b. Paresh Shah 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 debts belonging to the deceased viz. Dilipkumar Ummedmal Shah alias Dilipkumar Umedlal Shah who died at Mumbai on 05/08/2015. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at Flat No. 103, Anand Building, 1st Floor, Shradhanand Road, Vile Parle (E) Mumbai - 400057, 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. 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs next-

2 TP 21365 of 2024 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 he may be permitted to carry out correction in para no. 4 of the petition with respect to details of the mother of the deceased. He will upload the corrected version. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction in para no. 4 of the petition with respect to details of the mother of the deceased. He will upload the corrected version. Reverification is dispensed with.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The deceased died as bachelor. The deceased do not have any sister.

Advocate for petitioner submits that the deceased left behind him three brothers viz. Jayantilal Ummedmalji Shah (brother of the deceased), Prakash Ummedmal Shah (brother of the deceased) and Shantilal Ummedmal Shah alias Shantilal Umedmal Shah (brother 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. Advocate for petitioner submits that Jayantilal Ummedmalji Shah and Prakash Ummedmal Shah had

3 TP 21365 of 2024 given their consent for issuance of succession certificate in favour of Shantilal Ummedmal Shah alias Shantilal Umedmal Shah.

The consent affidavits are annexed as page no. 16 to 23.

6. Advocate for Petitioner submits that being the brother of deceased claims to be entitled for 1/3rd 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.

4 TP 21365 of 2024

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 26.06.2024 also filed through e-filing.

Advocate for the petitioner submits that he may be permitted to carry out correction with respect to date of lodging the petition in the Administration Bond. He will upload the corrected version and request reverification may be dispensed with. The said request is allowed. Advocate for the petitioner is allowed to carry out correction with respect to date of lodging of the petition in the Administration Bond and to upload the corrected version. Reverification is dispensed with.

12. This petition is filed for grant of Succession Certificate in respect to the debts 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

5 TP 21365 of 2024 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 debts 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 the Advocate for the petitioner carry out correction in para no. 4 of the petition with respect to details of mother of the deceased. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR