Rajesh Maheschandra Bohra v. Maheshchandra Achaldas Bohra-Deceased

1 TP 3841 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 21st November'2024.

Sr. No 25-TP/3841/2024 (ECHCBM02076592024) Mr. Manoj Agiwal, Advocate for the petitioner. For Compliance Advocate for the petitioner is directed to carry out correction in the cause title by deleting the word "shares" and all consequential correction and upload the corrected version and he will get it approved. Reverification is dispensed with.

Advocate for the petitioner is directed to carry out correction as per order dated 5.9.2024 in cause title of the petition as well as para no. 1. He will carry out the correction within one week from today. Reverification is dispensed with.

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. Maheshchandra Achaldass Bohra, alias Mahesh Bohra, who died at Mumbai on 08.09.2009. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition.

2 TP 3841 of 2024 2.

Advocate for petitioner submits that the said deceased ordinarily resided at 601-603, Dheeraj Savera Tower, Khatau Mills compound, Western Express Highway, Borivali East, Mumbai 400066 and among other assets left moveable assets viz. Equity Shares ("Securities") to be divided among the legal heirs as per Hindu Law.

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 petitioner submits that the deceased left behind him widow and three sons viz. (1) Shakuntala Bohra (widow of the deceased), (2) Naresh Bohra (son of the deceased) , (3) Dharmesh Bohra (son of the deceased),

(4) Rajesh Bohra (son of the deceased/petitioner 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.

Advocate for petitioner submits that Shakuntala Bohra , Naresh Bohra , Dharmesh Bohra had given their consent for issuance of succession certificate in favour of Rajesh Bohra.

3 TP 3841 of 2024 The consent affidavits are annexed as page no. 18 to 29.

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.

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

4 TP 3841 of 2024 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. Advocate for the petitioner submits that Affidavit of Service through Bailiff, Deputy Sheriff of Mumbai dated 10.10.2024 for proving General Notice filed through e-filing and Administration Bond dated 17.10.2024 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.

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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 the correction and upload the corrected version and get it approved.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR