Kevin David Florence Sequeira v. Teresa Antonette Sequeira (Deceased)
1 TP 3857 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th October'2024.
Sr. No.29-TP/3957/2024 (ECHCBM02145052024) Ms. Shanaya Cyrus Irani a/w. Pratik Pawar a/w. Jatin Asrani, Advocates i/b. J. Sagar Associates.
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. Teresa Antonette Sequeira who died at Mumbai on 06.07.2003. 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.
Advocate for petitioner submits that the said deceased ordinarily resided at 6/16, Grants Building, Arthur Bunder Road, Colaba, Mumbai - 400 005 and left property within Greater Bombay and in the State of Maharashtra.
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 TP 3857 of 2024 4.
Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-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. The husband of the deceased predeceased the deceased on 03.06.2001. Advocate for petitioner submits that the deceased left behind him sons and daughters viz. (1) Kevin David Florence Sequeira (son of the deceased/petitioner herein) ,
(2) Savin Lobo nee Sequeira (daughter of the deceased),
(3) Ghislein Sequeira DeCruz nee Sequeira (daughter of the deceased), (4) Allan Bernard Sequeira (son of the deceased) expired on 26.03.2023. Copy of the death certificate is annexed as Exhibit "C". He left behind him (4a) Selma Sequeira (daughter in law of the deceased/wife of deceased son) (4b) Dwayne Sequeira (grandson of the deceased/son of deceased son), (4c) Nerine Sequeira (granddaughter of the deceased/daughter of deceased son), (4d) Joline Sequeira (granddaughter of the deceased/daughter of deceased son). 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 Savin Lobo nee Sequeira , Ghislein Sequeira DeCruz nee Sequeira , Selma
3 TP 3857 of 2024 Sequeira , Dwayne Sequeira , Nerine Sequeira , Joline Sequeira had given their consent for issuance of succession certificate in favour of The consent affidavits are annexed as page no. 24 to 47.
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.
4 TP 3857 of 2024
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 27.09.2024 for proving General Notice filed through e-filing and Administration Bond dated 19.09.2024 also filed through e-filing.
I have perused the original Affidavit of Service dated 27.9.2024 and the same is not showing e-filed. The same is returned back to the petitioner. Advocate for the petitioner submits that she had e-filed the original Affidavit of service and undertakes that she will get it approved through efiling.
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
5 TP 3857 of 2024 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.
Office to issue grant as soon as Advocate for the petitioner upload and approve the Affidavit of Service. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR