Bombay High CourtTP/3136/2024grant issued

Harishchandra Indra Swaroop Gupta v. Shashi Devi Harishchandra Gupta

2024-09-09S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master5 pages

1 TP 3136 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 9th September'2024.

Sr. No. 44- TP/3136/2024 (ECHCBM02003672024) Mr. R.T. Kharwar, Advocate i/b. Darshana Sapkal 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. Shashi Devi Harishchandra Gupta who died at Mumbai on 24.02.1990. 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 at at B -14, Vasudev Apartment, Vasudev Mishra Marg, Parsi Panchayat Road, Sona Udyog, Andheri East, Mumbai - 400069 and left property within limits of Greater Bombay 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 3136 of 2024 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 the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind her husband, son and daughter viz. (1) Deepak Harishchandra Gupta (son of the deceased), (2) Harishchandra Indraswaroop Gupta (husband of the deceased/petitioner herein) , (3) Deepali Girish Gupta (daughter 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 since identification proof of the deceased is not available petitioner had filed Affidavit dated 23.12.2023 for dispensation of identification proof of the deceased. 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 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. The said request is accepted. Copy of Affidavit for dispensation of identification

3 TP 3136 of 2024 proof of the deceased is annexed as page no. 14 to the petition.

Advocate for petitioner submits that Deepak Harishchandra Gupta and Deepali Girish Gupta had given their consent for issuance of succession certificate in favour of Harishchandra Indraswaroop Gupta. The consent affidavits are annexed as page no. 20 to 23.

6. Advocate for Petitioner submits that being the husband of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.

It has been observed that at para no. 5 the share for the petitioner is mentioned as 1/2 share in the estate of the deceased which is required to be corrected as 1/3rd share in the estate of the deceased. Advocate for the petitioner is permitted to carry out the correction in para no. 5 of the petition with respect to the share of the petitioner in the estate of the deceased forthwith. He will upload the corrected version. Reverification is dispensed with.

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.

4 TP 3136 of 2024 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.

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 17.08.2024 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

5 TP 3136 of 2024 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.

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