Nita Rajesh Kothari v. Raj Esh Ramniklal Kothari (Deceased)
1 TP3954 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 10th January'2025 Sr No. - 33-TP/3954/2024 (ECHCBM02117032024) Mr. Pawan Kulkarni i/b. AVP Partners, Advocate for the petitioner.
Called 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 debts and Securities belonging to the deceased viz. Rajesh Ramniklal Kothari, who died at Mumbai on 30.01.2021. 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 13, Kamla Niketan, 4th floor, 20, Narayan Dabholkar Road, Nepean Sea Road, Mumbai 400 006, and left the said property within 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 TP3954 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.
Advocate for petitioner submits that the deceased left behind him widow, son and daughter viz.(1) Nita Rajesh Kothari (widow of the deceased/ petitioner herein),
(2) Rahil Rajesh Kothari (son of the deceased), (3) Nikita Manish Sapra (married 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 Rahil Rajesh Kothari and Nikita Manish Sapra had given their consent for issuance of succession certificate in favour of Nita Rajesh Kothari, petitioner.
The consent affidavit of Rahil Rajesh Kothari is annexed separately to the petition.
The consent affidavit of Nita Manish Sapra is annexed as page no. 19 to 22.
6. Advocate for Petitioner submits that being the wife of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.
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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 05.09.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 03.12.2024 for proving General Notice filed through e-filing and Administration Bond dated 11.11.2024 also filed through e-filing.
4 TP3954 of 2024 Advocate for the petitioner has produced Affidavit of Service dated 03.12.2024 proving general notice affixing at the High Court notice board. Advocate for the to file the Affidavit of Service on line and get it approved. The original Affidavit of Service is returned back to the Advocate for the petitioner.
12. This petition is filed for grant of Succession Certificate in respect to the debts and 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 debts and 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.
5 TP3954 of 2024 Office to issue grant as soon as the Advocate for the petitioner to upload the Affidavit of Service and get it approved.
COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR