Neeta Preetam Sippy v. Kala Hasmatrai Daryani

1 TP 2180 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th July'2024 Sr. No. - 17- TP 2180 of 2024 (ECHCBM02039562024) Mr. Ranjan Dwivedi, 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. KALA HASHMATRAI DARYANI who died at Mumbai on 05.06.2000. 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 28.02.2024 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

2 TP 2180 of 2024 proof of the deceased is annexed as Exhibit "A1" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at A/64, Geetanjali C.H.S., 6th Floor, Raheja township, Malad (E), Mumbai - 400 097, left property within Mumbai & Elsewhere in India. i.e. Shares in a number of companies owned jointly with LATE GHANSHYAM HASHMATRAI DARYANI and severally too as mentioned in 'SCHEDULE 1'.

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 parents of the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind her two brothers and one sister (1) viz. GHANSHYAM HASHMATRAl DARYANl (brother of the deceased) who died on 04.09.2008. Copy of the death certificate is annexed as Exhibit "B" to the petition. The wife of GHANSHYAM HASHMATRAl DARYANl viz. REKHA

3 TP 2180 of 2024 GHANSHYAM DARYANI predeceased the deceased on 25.8.1971. Copy of the death certificate is annexed as Exhibit "D" to the petition. GHANSHYAM HASHMATRAl DARYANl and REKHA GHANSHYAM DARYANI had no sons or daughters. (2) TARACHAND HASHMATRAI DARYANl (brother of the deceased) who died as bachelor on 29.11.2015. Copy of the death certificate is annexed as Exhibit "C" to the petition. (3) INDRA PREETAM SIPPY (sister of the deceased) since deceased on 27.7.2016. Copy of the death certificate is annexed as Exhibit "E" to the petition leaving behind her only daughter viz. NEETA PREETAM SIPPY (niece of the deceased/daughter of deceased sister). 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.

It has been observed that the Advocate for the petitioner has not mentioned the details of the parents of the deceased in para no. 4. Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 4 with respect to details of the parents 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 allowed to carry out the correction with respect to details of the parents of the deceased in para no. 4 of the petition and upload the corrected version. Reverification is dispensed with.

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6. Advocate for Petitioner submits that being the only niece of deceased claims to be entitled for full 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.

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.

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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 06.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 07.06.2024 also filed through e-filing.

Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

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 :

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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.

Office to issue grant as soon as the Advocate for the petitioner carry out correction with respect to details of the parents of the deceased in para no. 4 and upload the corrected version COMPANY REGISTRAR / TESTAMENTARY REGISTRAR