Chandrakant Premchand Magiya v. Premchand Khodidas Magia Alias Premchand Khodidas Magiya

1 TP 3140 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th September'2024.

Sr. No. 30 -TP/3140/2024 (ECHCBM02098142024) Mr. Punit Desai, 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. Premchand Khodidas Magia alias Pramchand Khodidas Magiya, who died at Mumbai on 30.10.1998. 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. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at 018, Gardhan Baug, 2nd Floor, Jamli Gully, Borivali (West), Mumbai - 400092; and left credits within Mumbai 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 3140 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 eldest son viz. Jagdish Premchand Magiya expired on 03.11.2022. Copy of the death certificate is annexed as Exhibit "B" to the petition.

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 4 of the petition with respect to the name and details of the wife of the deceased. He will upload the corrected version and request that reverification is dispensed with. The said request is accepted. Advocate for the petitioner to carry out correction in para no. 4 of the petition with respect to the name and details of the wife of the deceased. He will upload the corrected version. Reverification is dispensed with.

Advocate for petitioner submits that the deceased left behind him son and married daughters and grandsons viz. Chandrakant Premchand Magiya (son of the deceased/petitioner herein), Prema Mahesh Vora (married daughter of the deceased), Rekha Bhupatrai Shah (married daughter of the deceased), Dhiren Jagdish Magia (grandson of the deceased/son of deceased son), Rajesh Jagdish Magia

3 TP 3140 of 2024 (grandson of the deceased/son of deceased son), Alpesh Jagdish Magia (grandson 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 Prema Mahesh Vora, Rekha Bhupatrai Shah, Dhiren Jagdish Magia, Rajesh Jagdish Magia, Alpesh Jagdish Magia had given their consent for issuance of succession certificate in favour of Chandrakant Premchand Magiya.

The consent affidavits are annexed as page no. 17 to 31.

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/4th share in the estate left by the deceased.

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 6 to the petition with respect to share of the petitioner claims to be entitled for 1/4th share in the estate left by the deceased. He 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 in para no. 6 with respect to share of the petitioner claims to be entitled for 1/4th share in the estate left by the deceased. He will upload the corrected version. Reverification is dispensed with.

4 TP 3140 of 2024

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.

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 05.08.2024 for proving General Notice filed through

5 TP 3140 of 2024 e-filing and Administration Bond dated 01.08.2024 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.

Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 6 of the petition with respect to the share of the petitioner in the estate of the deceased and upload the corrected version. Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 4 of the petition with respect to

6 TP 3140 of 2024 the name and details of the wife of the deceased and upload the corrected version.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR