Meher Bomy Dantra v. Aloo Bomy Dantra (Deceased)

1 TP 2817 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th August''2024 Sr. No. - 36 - TP/2817/2024 (ECHCBM02052412024) Mr. Y. C. Parikh, 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. ALOO BOMY DANTRA alias A. B. DANTRA who died at Mumbai on 25.04.2010. 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.

permitted to carry out correction in para no. 1 in cause title to the petition. He will upload the corrected version. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 1 in cause title to the petition. He will upload the corrected version. Reverification is dispensed with.

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Advocate for petitioner submits that the said deceased ordinarily resided at Dehnu Bldg., 3rd Floor, Flat No.18, Dr. Ambedkar Road, Parel, Mumbai-400012, Maharashtra, India, and/ or left property within Greater Bombay and in the State of Maharashtra and 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. 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition. 5.

Advocate for the petitioner submits that the parents and husband of the deceased predeceased the deceased. permitted to carry out averment in para no. 5 with respect to details of husband of the deceased. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the averment in para no. 5 to the petition with respect to name and details of the husband of the deceased. He will upload the corrected version. Reverification is dispensed with.

3 TP 2817 of 2024 Advocate for petitioner submits that the deceased left behind him daughters and son viz. (1) MEHER BOMY DANTRA (daughter of the deceased/petitioner herein) , (2) ZARINE KERSI MULLAN (married daughter of the deceased), (3) VISPI BOMY DANTRA (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 ZARINE KERSI MULLAN and VISPI BOMY DANTRA had given their consent for issuance of succession certificate in favour of MEHER BOMY DANTRA.

The consent affidavits are annexed as page no. 20 to 23.

6. Advocate for Petitioner submits that being the daughter 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

4 TP 2817 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 18.07.2024 for proving General Notice filed throughfiling and Administration Bond dated 08.11.2023 also filed through e-filing.

permitted to carry out correction with respect to date of lodging of the petition in the Administration Bond. He will upload the corrected Administration Bond and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction with respect to date of lodging of the petition in the Administration Bond and upload the corrected version. Reverification is dispensed with.

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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.

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. 1 to the petition and in the Administration Bond.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR