Bharat Amrutlal Shah v. Amrutlal Virji Shah (Deceased)

1 TP 2937 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 4th September'2024.

Sr. No. 28 -TP/2937/2024 (ECHCBM02085892024) Mr. Y. C. Parikh, Advocate for the petitioner. For Compliance :

Advocate for the petitioner submits that he may be permitted to carry out averment with respect to claim amount and court fees paid in the present petition. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner to carry out averment with respect to claim amount and the court fees paid in the present petition forthwith. He will upload the corrected version. Reverification is dispensed with. The petition can be proceeded.

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 no.(1) viz. AMRUTLAL VIRJI SHAH alias Mritlal alias Amritlal Virji Shah who died at Mumbai on 01.02.2001. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no.(2) viz. PUSHPABEN AMRATLAL SHAH alias PUSHPABEN AMRUTLAL SHAH alias Pushpaben Amritlal Shah who died

2 TP 2937 of 2024 at Mumbai on 18.08.1996. Copy of death certificate is annexed at Exhibit -'B' to the petition.

Advocate for petitioner submits that since identification proof of the deceased no. (1) and (2) is not available petitioner had filed Affidavit dated 08.04.2024 for dispensation of identification proof of the deceased No. (1) and (2). After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased No. (1) and (2) is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased No. (1) and (2). The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as Exhibit "C" to the petition.

2.

Advocate for petitioner submits that both the said deceased ordinarily resided at 11, Matadin Gauri Shankar Bhuvan, Old Nagardas Road, Andheri (E), Mumbai - 400069, and at Mumbai Suburban, Maharashtra, and/ or left property within Greater Bombay and in the in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that both the said deceased died intestate and that due and diligent search has been made for the Will but none has been found.

3 TP 2937 of 2024 4.

Advocate for petitioner submits that the legal heirs left behind by both the deceased surviving as their 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 both he deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them sons and daughters viz. (1) BHARAT AMRUTLAL SHAH (son of the deceased/petitioner no. 1 herein) , (2) NARENDRA AMRUTLAL SHAH (son of the deceased/petitioner no.2), (3) MEENA MUKESH PAREKH (married daughter of the deceased) , (4) VARSHA JAYESH KHANDWALA (married daughter of the deceased), (5) PRITI DEVENDRA MODI (married daughter of the deceased), (6) JYOTSNA SHAILESH SANGHRIKA. 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 MEENA MUKESH PAREKH, VARSHA JAYESH KHANDWALA, PRITI DEVENDRA MODI, and JYOTSNA SHAILESH SANGHRIKA had given their consent for issuance of succession certificate in favour of BHARAT AMRUTLAL SHAH and NARENDRA AMRUTLAL SHAH The consent affidavits are annexed as page no. 35 to 39.

4 TP 2937 of 2024

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

5 TP 2937 of 2024

11. Advocate for the petitioner submits that the General Notice was issued on 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 08.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 06.08.2024 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.

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.