Amarjit Singh Kahlon v. Gurdial Singh Son Of Wadhwa Singh,

1 TP 2691 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 7th August''2024 Sr. No. - 35 - TP 2691 of 2024 (ECHCBM02033352024) Ms. Seema Hunnurkar, 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 Securities belonging to the deceased viz. Gurdial Singh son of Wadhwa Singh, sikh who died at Chandigarh on 31.10.2000. 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 House No 287 Sector 1OA Chandigarh - 160011, and/or left property within Greater Mumbai and in the State of Maharashtra and elsewhere in India "The Hon'ble Court (CORAM : Hon'ble Shri Manish Pitale J.) on 29th September, 2023 passed direction in TP No. 233 of 2022 in which the Hon'ble Court decided the issue of jurisdiction under Section 371 of Indian Succession Act and decided the jurisdiction of this Hon'ble Court." In

2 TP 2691 of 2024 view of the order dated 29th September, 2023, the present petition is proceed further."

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. The wife of the deceased viz. Rajinder Kaur died on 18.06.2002. Copy of the death certificate is annexed as Exhibit "B" to the petition.

Advocate for petitioner submits that the deceased left behind him sons and daughter viz. (1) Amarjit Singh Kahlon (son of the deceased/petitioner herein), (2) Charanjit Singh Kahlon (son of the deceased) and (3) Raminder Kaur (married daughter 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 Charanjit Singh Kahlon and Raminder Kaur had given their consent for

3 TP 2691 of 2024 issuance of succession certificate in favour of Amarjit Singh Kahlon.

The consent affidavits are annexed as page no. 11 to 16.

6. Advocate for Petitioner submits that being the son 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.

10. Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned

4 TP 2691 of 2024 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 05.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 21.06.2024 also filed through e-filing.

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 :

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.

5 TP 2691 of 2024

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