Rekha Sandeep Kambli v. Late Sandeep Ghanashyam Kambli (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 25th September, 2024 CALLED FOR COMPLIANCE :

(ECHCBM02036202024) Mr. Karan Desai i/b. Mr. Abhishek Nikharge, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. In the present petition following requisitions raised as under: a) In cause title of the deceased, marital status not mentioned. b) In cause title of the petitioner, relation with deceased not mentioned. c) To file Identification proof of the deceased and make necessary averment in para no. 1 of the petition.

Advocate for petitioner has requested, permission to carry out the said corrections into the petition. The said requests is accepted. Advocate for petitioner to carry out the said corrections within two days from today and upload corrected version of the petition. Re-verification is dispensed with.

2. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Sandeep Ghanashyam Kambli, who died at Mumbai on 08.02.2023. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Advocate for petitioner is to file identification proof of the deceased.

3. Advocate for petitioner submits that the rdinarily residing at 6/601, A Wing, Ganesh Prasad CHS Ltd., Kuber Lane, Opp. Haffkine Institute, Parel, Mumbai 400 012 and left property in the city of Mumbai.

4. 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.

5. Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

6. Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. Advocate for petitioner submits that the deceased left behind, his widow and one son viz. Rekha Sandeep Kambli (Widow of the deceased) and Mayuresh Sandeep Kambli (Son of the deceased), who both are petitioners 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.

7. Advocate for Petitioner submits that the Petitioner no. 1 being the widow (wife) of the deceased claims to be and is entitled to the 50% of the estate of the Deceased and Petitioner no. 2 being the son of the deceased claimed to be and is entitled to the 50% of the estate of the Deceased.

8. 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.

9.

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.

10. 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.

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 29.08.2024 for proving General Notice filed through e-filing. "Pursuant to order dated 02.02.2024 passed by Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, directions was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond." Hence, Administration Bond is dispensed with.

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.

Office to issue Grant as soon as Advocate for petitioner will file corrected version of the petition.

25.09.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay