Indra Kishor Jain v. Kishor Ishwarchand Jain

1 TP 2677 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 7th August''2024 Sr. No. - 32 - 2677 of 2024 (ECHCBM02065272024) Ms. Sampada Raut, 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 and securities belonging to the deceased viz. Kishor Ishwarchand Jain, who died at Mumbai on 03.05.2021. 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 Flat No. B-104, New Shree Hari Co-op. Housing Society Ltd., C. S. Road, Behind Suman Complex, Virar West, Thane-401305" and left property within Greater Bombay and in the State of Maharashtra.However, in the death certificate of the deceased his permanent address is erroneously recorded as "Jankalyan Nagar, A-I506, Royal Oasis, Beside Billabong School, Malad . West, Mumbai-400095" instead of" Flat No.B-104, New Shree Hari Co-op. Housing Society Ltd., C. S. Road, Behind Suman Complex, Virar West, Thane-

2 TP 2677 of 2024 40I305". The Petitioner states that it is evident from the Adhar Card of the deceased which is annexed to the Petition as Exhibit: A-I, wherein the permanent address of the deceased is appearing as "Flat No.B-104, New Shree Hari Co-op. Housing Society Ltd., C. S. Road, Behind Suman Complex, Virar West, Thane-401305".

Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.

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 nextof-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.

3 TP 2677 of 2024 Advocate for petitioner submits that the deceased left behind him widow and son viz. (1) Indra Kishor Jain (widow of the deceased/petitioner herein) and (2) Antariksh Kishor Jain (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.

Advocate for petitioner submits that Antariksh Kishor Jain had given his consent for issuance of succession certificate in favour of Indra Kishor Jain.

The consent affidavits are annexed as page no. 15 to 18.

6. Advocate for Petitioner submits that being the widow of deceased claims to be entitled for 1/2 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

4 TP 2677 of 2024 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. 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 22.06.2024 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,

5 TP 2677 of 2024 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