Dhvani Hitesh Desai v. Pralahad Nagarji Desai (Deceased)
1 TP 3975 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th October'2024.
Sr. No.30-TP/3975/2024 (ECHCBM02126932024) Ms. Urvi Shah, 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 debts and securities belonging to the deceased viz. Pralahad Nagarji Desai alias Parlhad Nagarji Desai alias Prahalaadrai Negarjibhai Desai alias Prahaladiumar Desai alias Prahaladrai Desai alias Prahaladbhai Desai alias Prahalad Desai alias Pralhadraj Desai Son of Nagarji Desai who died at Mumbai on 16.08.2020. 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 D-201, Nutan Ayojan Nagar, Cross Road No.4, Liberty Garden, Malad (West), Mumbai400064 and/or left properties within Greater Bombay and in the State of Maharashtra and elsewhere in 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.
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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 sons viz. (1) Brijesh Prahladrai Desai (son of the deceased) (2) Hitesh Desai (son of the deceased) expired on 22.03.2007. Copy of the death certificate is annexed as Exhibit "B" to the petition. He left behind him (2a) Nita Hitesh Desai (daughter in law of the deceased) (2b) Dhvani Hitesh Desai (granddaughter of the deceased/petitioner herein/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 Brijesh Prahladrai Desai and Nita Hitesh Desai had given their consent for issuance of succession certificate in favour of Dhvani Hitesh Desai.
The consent affidavits are annexed as page no. 18 to 27.
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6. Advocate for Petitioner submits that being the granddaughter of deceased claims to be entitled for 25% share in the estate left by the deceased.
Advocate for the petitioner submits that she may be permitted to carry out correction in para no. 5 to the petition with respect to share of the petitioner claims to be entitled for 25% share in the estate left by the deceased. She will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 5 with respect to share of the petitioner claims to be entitled for 25% share in the estate left by the deceased. She will upload and approve the corrected version. Reverification is dispensed with.
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.
4 TP 3975 of 2024 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 08.10.2024 for proving General Notice filed through e-filing and Administration Bond dated 08.10.2024 also filed through e-filing.
Advocate for the petitioner submits that she may be permitted to carry out correction with respect to date of lodging of the petition in the Administration Bond. She will upload and approve the corrected version. She request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction with respect to the date of lodging of the petition in the Administration Bond. She will upload and approve the corrected version. Reverification is dispensed with.
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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.
Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 5 and in the Administration Bond and upload and approve the corrected version.
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR