Bombay High CourtTP/3072/2024grant issued

Rohini Jayprakash Gadgil v. Vaijayanti Bhalchandra Thakur

2024-09-18Shri. S. B. Bhansali (Prothonotary Senior Master))4 pages

1 TP 3072 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th September'2024.

Sr. No. 26 -TP/3072/2024 (ECHCBM02091722024) Ms. Swati Mathkar, 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. Vaijayanti Bhalchandra Thakur, who died at Mumbai on 01.09.2007. 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.

Advocate for petitioner submits that the said deceased ordinarily resided 502 (A), Mota Mansion, Lokhandwala Complex, 4th Lane, Andheri (West), Mumbai - 400 053, and left property within Greater Mumbai and 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

2 TP 3072 of 2024 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. The deceased died as spinster.

Advocate for petitioner submits that the deceased left behind her sisters and brothers viz. (1) Rohini Jayprakash Gadgil (sister of the deceased/petitioner no. 1), (2) Ashok Bhalchandra Thakur. (brother of the deceased/petitioner no. 2), (3) Padmini Padmakar Godambe (sister of the deceased) died on 28.05.2008 leaving behind (3a) Padmakar Bhagwantrao Godambe (brother in law of the deceased) died on 21.12.2012. (3b) Prashant Padmakar Godambe (nephew of the deceased/petitioner no. 3/son of deceased sister). (3c) Anjali Padmakar Godambe (niece of the deceased/petitioner no. 4/daughter of the deceased brother) (4) Ajit Bhalchandra Thakur (brother 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.

The consent affidavit of Ajit Bhalchandra Thakur has given consent to issue succession certificate in favour of Rohini Jayprakash Gadgil , Ashok Bhalchandra Thakur, Prashant Padmakar Godambe , Anjali Padmakar Godambe.

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6. Advocate for Petitioner submits that being the brothers and sister of deceased claims to be entitled for 1/4th share in the estate left by the deceased. Advocate for Petitioner submits that being the nephew and niece of deceased claims to be entitled for 1/8th 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.

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 dated 08.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 05.08.2024 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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR