Purnima Kumar v. Shobhana Bhanuprasad Gohil(Deceased)

1 TP 3030 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th September'2024.

Sr. No. 28 -TP/3090/2024 (ECHCBM02062392024) Mr. Arun Mehta, Advocate i/b. Akshar Laws 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. Shobhana Bhanuprasad Gohil alias Shobhana B. Gohil alias S. B. Gohil alias Shobhanaben Bhanuprasad Gohil who died at New York on 07.06.2020. 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.

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 1 with respect to marital status 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 to carry out correction in para no. 1 with respect to marital status of the deceased and upload the corrected version. Reverification is dispensed with.

2 TP 3030 of 2024 2.

Advocate for petitioner submits that the said deceased ordinarily resided at 4370 Kissena Blvd, Apartment No.21J, Flushing, New York 11355 and/or left property in Greater Mumbai 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 Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition. 5.

Advocate for the petitioner submits that the parents of husband of the deceased predeceased the deceased. The husband of the deceased viz. Bhanuprasad Kanjibhai Gohil died on 12.11.2023. Copy of the death certificate is annexed as Exhibit "C" to the petition.

Advocate for petitioner submits that the deceased left behind her sons and married daughters viz. Girishbhai Bhanuprasad Gohil (son of the deceased), Hansa Gohil (married daughter of the deceased), Mrunalini Chokshi (married daughter of the deceased), Pumima Kumar (daughter of the deceased/petitioner herein), Kaushik Gohil (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.

3 TP 3030 of 2024 Advocate for petitioner submits that Girishbhai Bhanuprasad Gohil, Hansa Gohil, Mrunalini Chokshi and Kaushik Gohil had given their consent for issuance of succession certificate in favour of Pumima Kumar. The consent affidavits are annexed separately to the petition.

6. Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/5th 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

4 TP 3030 of 2024 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 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 14.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 21.08.2024 also filed through e-filing.

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 :

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.

5 TP 3030 of 2024

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 of the petition with respect to marital status of the deceased. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR