Shraddha Shahadu Mokashi v. Shahadu Savlaram Mokashi (Deceased)

1 TP 2557 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 15th July'2024 Sr. No. - 39 - TP/2557/2024 (ECHCBM02063862024) Mr. Abrar Chaudhary, Advocate 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 debts belonging to the deceased viz. SHAHADU SAVLARAM MOKASHI alias LATE SHAHADU SAVALARAM MOKASHI who died at Mumbai on 05.10.2020. 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 3/25, Sundrabai Chawl, Anand Wadi, Duftari Road, Kurar Village, Malad (East), Mumbai-400097, and left the said debts in Greater Mumbai 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 2557 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. Advocate for the petitioner had inadvertently mentioned "her" in para no. 2 and 4 instead of "his". Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 2 and 4 of the petition. He will upload the corrected version and request that reverification may be dispensed with. The request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 2 and 4 to the petition and upload the corrected version. Reverification is dispensed with.

5.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind him widow and two sons viz. SHRADDHA SAHADU MOKASHI (widow of the deceased/petitioner herein), SIDDHESH SHAHADU MOKASHI (son of the deceased) and SAHIL SHAHADU MOKASHI (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.

3 TP 2557 of 2024 Advocate for petitioner submits that SIDDHESH SHAHADU MOKASHI (son of the deceased) and SAHIL SHAHADU MOKASHI had given their consent for issuance of succession certificate in favour of SHRADDHA SAHADU MOKASHI.

The consent affidavits are annexed as page no. 20 to 25.

6. Advocate for Petitioner submits that being the wife 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

4 TP 2557 of 2024 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 15.06.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 10.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 12.07.2024. also filed through e-filing.

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 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.

5 TP 2557 of 2024

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. 2 and para no. 4 with respect to "his" instead of "her" and upload the corrected version.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR