Rameshchandra Chimanlal Shah v. Premilaben Dhayalal Shah

1 TP/2624/2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 31st July'2024 Sr. No. - 33 -TP/2624/2024 (ECHCBM02042082024) Mr. Shubham Mishra, Advocate i/b. Shah and Furia Associates 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 and securities belonging to the deceased viz. Premilaben Dhayalal Shah, who died at Mumbai on 23.07.2021. 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 17-18, Jaynarayan Chawl, Off Daftary Road, Pushpa Park, Malald (East), Mumbai-400 097 and left property in Greater Bombay and in State of Maharashtra and also 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.

2 TP/2624/2024 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 viz. Dahyalal Chimanlal Shah predeceased the deceased on 04.07.2020. Copy of the death certificate is annexed as Exhibit "B" to the petition. Advocate for the petitioner submits that the deceased died issuless.

Advocate for petitioner submits that the deceased left behind her brother in law and sister law viz. (1) Rameshchandra Chimanlal Shah (brother in law of the deceased/petitioner herein) (2) Jitendrakumar Chimanlal Shah ( brother in law of the deceased) (3) Rajnikant Chimanlal Shah ( brother in law of the deceased) and (4) Asha Bipin Mehta (sister in law 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 Jitendrakumar Chimanlal Shah, Rajnikant Chimanlal Shah ( brother in law of the deceased) and Asha Bipin Mehta had given their consent for issuance of succession certificate in favour of Rameshchandra Chimanlal Shah.

3 TP/2624/2024 The consent affidavits are annexed as page no. 17 to 25.

6. Advocate for Petitioner submits that being the brother in law 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. 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 15.06.2024 in the aforesaid matter.

4 TP/2624/2024 Advocate for the petitioner submits that Affidavit of Service dated 16.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 26.07.2024 also filed through e-filing.

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