Melwyn Paul Mathias Fernandes Alias Mellwyn Paul Fernandes v. Paul Mathias Peter Anthony Fernandes Alias Paul Fernandes Alias Paul Mathias Fernandes Alias Paul
1 TP 3623 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 22nd January'2025.
Sr. No.32-TP/3623/2024 (ECHCBM02124402024) Mr. Ajit Hodage a/w. Mr. Deepak Sonkamble, Advocates 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. Paul Mathias Peter Anthony Fernandes alias Paul Fernandes alias Paul Mathias Fernandes alias Paul Peter Fernandes alias Fernandes Mathias Igjdius alias Fernandes Anthony Paul Ezedore alias Fernandes Anthony Paulezedore,, who died at Mumbai on 17.08.2022. 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 Room No.40, Hawabai Bldg., 2nd Floor, Jail Road, North Dongri, Greater Mumbai, Maharashtra -400 009 and left his property within the Greater Mumbai. State of Maharashtra and elsewhere in India.
2 TP 3623 of 2024
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 his only heirs nextof-kin according to Indian Succession Act, 1925 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 him widow, daughters and son viz. (1) Melwyn Paul Mathias Fernandes alias Mellwyn Paul Fernandes alias Melwyn Paul Fernandes (son of the deceased/petitioner herein), (2) Rosa Maria Paul Mathias Fernandes alias Rosa M. (widow of the deceased) ,(3) Natasha Terence Noronha (daughter of the deceased), (4) Ninochca Manuel Fonseca alias Ninochca Manuel (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 Rosa Maria Paul Mathias Fernandes alias Rosa M. , Natasha Terence Noronha, Ninochca Manuel Fonseca alias Ninochca Manuel had given their consent for issuance of succession certificate in favour of Melwyn Paul Mathias Fernandes alias Mellwyn Paul Fernandes alias Melwyn Paul Fernandes.
3 TP 3623 of 2024 The consent affidavits are annexed as page no. 13 to 21.
6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 6/27th share in the estate left by the deceased. The widow of the deceased claims to be entitled for 1/3rd (9/27) 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 the General Notice was issued on 26.07.2024 in the aforesaid matter.
4 TP 3623 of 2024 Advocate for the petitioner submits that Affidavit of Service dated 07.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 16.08.2024 also filed through e-filing.
11. 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 / ksa/rvr TESTAMENTARY REGISTRAR