Bombay High CourtTP/3660/2024grant issued

Boda Ratna Reddy, Wife Of B. Vithal Reddy v. B. Srinivas Reddy Alias Boda Srinivas Reddy Alias Srinivas Reddy Boda, Son Of B. Vithal Reddy

2025-01-17Shri. A. H. Laddhad(Prothonotary Senior Master)5 pages

1 TP 3660-of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 17th January'2025 Sr. No. 18-TP/3660/2024 (ECHCBM02129992024) Mr. Deepak Sonkamble i/b. Ajit S Hodage, 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. B. Srinivas Reddy alias Boda Srinivas Reddy alias Srinivas Reddy Boda, son of B. Vithal Reddy, who died at Mumbai on 09.01.1996. Copy of death certificate is annexed at Exhibit -'A' to the petition. Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 06.03.2024 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

2 TP 3660-of 2024 proof of the deceased is annexed as page no. 27 to 29 to the petition.

Advocate for petitioner submits that the said deceased ordinarily resided at 8-2 293/ 82/ L/ 78C, Road No. 12, MLAs Colony, Banjara Hills, Hyderabad, Andhra Pradesh, 500034 and left his property within the Greater Mumbai, Maharashtra.

Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.

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 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 wife of the

3 TP 3660-of 2024 deceased viz. B. Shakuntala Devi died on 23.10.1999. Copy of the death certificate is annexed as Exhibit "B" to the petitioner.

Advocate for the petitioner submits that son of the deceased viz. Boda Vithal Reddy died on 20.01.2018. Copy of the death certificate is annexed as Exhibit "C". Advocate for petitioner submits that the deceased left behind him daughter in law , granddaughter and grandson viz. (1) Boda Ratna Reddy (daughter in law of the deceased/petitioner herein/widow of deceased son viz. Boda Vithal Reddy), (2) Boda Namratha Reddy (granddaughter of the deceased/ daughter of deceased son viz. Boda Vithal Reddy), (3) Boda Nischala Reddy (granddaughter of the deceased/daughter of deceased son viz. Boda Vithal Reddy). (4) Boda Pranav Reddy (grandson of the deceased/ son of deceased son viz. Boda Vithal Reddy). 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 Boda Namratha Reddy, Boda Nischala Reddy and Boda Pranav Reddy had given their consent for issuance of succession certificate in favour of Boda Ratna Reddy, petitioner.

The consent affidavits are annexed as page no. 14-22.

4 TP 3660-of 2024

6. Advocate for Petitioner submits that being the daughter in law of deceased claims to be entitled for 1/4th 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.

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 05.09.2024 in the aforesaid matter.

5 TP 3660-of 2024 Advocate for the petitioner submits that Affidavit of Service dated 01.10.2024 for proving General Notice filed through e-filing and Administration Bond dated 22.11.2024 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.

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