Rammohan Rabindranath Menon v. Kizhavana Achutamenon Rabindranath @ K. A. Rabindranath (Deceased)

1 TP 2970 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE :30th September'2024.

Sr. No.39-TP/2970/2024 (ECHCBM02080032024) Ms. Sunita Bafna, 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. KIZHAVANA ACHUTAMENON RABINDRANATH who died at Bangalore on 11.07.2002. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at Flat No.2, Sunder Villa, 12th Rd, Khar, Mumbai-400052, and the Deceased left property within Greater Bombay, 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.

2 TP 2970 of 2024 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. Malathy Rabindranath died on 07.11.1986. The copy of the death certificate is annexed as Exhibit "C" to the petition.

Advocate for the petitioner submits that she may permitted to carry out correction in para no. 4 , page no. 7 line no. 9 with respect to word "Petitioner's" by replacing the word "deceased". She will upload the corrected version of the petition and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner will carry out the correction forthwith. Reverification is dispensed with.

Advocate for petitioner submits that the deceased left behind him sons viz. (1) Gopakumar Menon (son of the deceased) and (2) Rammohan Rabindranath Menon (son of the deceased/petitioner herein). 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 Gopakumar Menon had given his consent for issuance of succession certificate in favour of Rammohan Rabindranath Menon.

3 TP 2970 of 2024 The consent affidavits are annexed as page no. 17 to 21.

6. Advocate for Petitioner submits that being the son 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 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.

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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 through Bailiff, Deputy Sheriff of Mumbai dated 21.08.2024 for proving General Notice and Administration Bond dated 12.04.2024 also filed through e-filing.

Advocate for the petitioner submits that she may be permitted to carry out correction with respect to the date of lodging of the petition in the Administration Bond. She 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 correction with respect to the date of lodging of the petition in the Administration Bond forthwith. She will upload the corrected version. Reverification is dispensed with.

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, petition deserves to be allowed, as prayed for. Hence, following order :

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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