Sujit Kumar S/O Surendra Prasad v. Gunjan Verma
1 TP 2739 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 17th January'2025 Sr. No. 14-TP/2739/2024 (ECHCBM02058292024) Abhineet Nitin Pange, Advocate for the petitioner. For Compliance Advocate for the petitioner is directed to carry out correction in the cause title of the petition with respect to word "his" to be replaced with word "her" as the deceased is female. Advocate for the petitioner will upload the corrected version and get it approved. Reverification is dispensed with.
Advocate for the petitioner is directed to carry out correction in the cause title of the petition with respect to relation of the deceased with the petitioner as well as prayer clause in the petition. He will upload the corrected version and get it approved. Reverification is dispensed with.
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. Gunjan Verma who died at Mumbai on 02.09.2023. Copy of death certificate is annexed at Exhibit -'A' to the petition.
2 TP 2739 of 2024 2.
Advocate for petitioner submits that the said deceased ordinarily resided at Flat No. 7, 3rd Floor, Sealand, Plot No.41, Captain Prakash Pathe Marg, Cuffe Parade, Mumbai-400005, and was having her permanent address at H-11 01, Supertech Icon, Nyay Khand-1, Indirapuram, Ghaziabad, Uttar Pradesh- 201014, and left moveable properties within 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. 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 husband, son and daughter viz. (1) Sujit Kumar s/o Surendra Prasad (husband of the deceased/petitioner herein), (2) Atulya Sachit s/o Sujit Kumar (son of the deceased), (3) Sharanya Prisha d/o Sujit Kumar (daughter of the deceased). Save and except there are no other legal
3 TP 2739 of 2024 heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.
Advocate for petitioner submits that Atulya Sachit s/o Sujit Kumar and Sharanya Prisha d/o Sujit Kumar had given their consent for issuance of succession certificate in favour of Sujit Kumar, petitioner.
The consent affidavits are annexed as separately to the petition.
6. Advocate for Petitioner submits that being the husband 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.
4 TP 2739 of 2024
10. 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 07.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 06.08.2024 also filed through e-filing.
11. 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.
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.
5 TP 2739 of 2024 Office to issue grant as soon as Advocate for the petitioner carry out the correction into the petition, upload the corrected version and get it approved.
COMPANY REGISTRAR / ksa/rvr TESTAMENTARY REGISTRAR