Bombay High CourtTP/4050/2024grant issued

Vishwanath Damodar Prabhu v. Damodar Subban Prabhu (Deceased)

2024-10-09S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master5 pages

1 TP 4050 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 9th October'2024.

Sr. No 28-TP/4050/2024 (ECHCBM02147282024) Mr. S. U. Lakdawala a/w. Jyoti Badgujar, Advocates 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 no. (1) viz. Damodar Subban Prabhu alias Damodar S. Prabhu alias Damodar Prabhu who died at Mumbai on 13.01.2006. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no. (2) viz. Lalitabai Damodar Prabhu alias Lalitabai D. Prabhu alias Lalitabai Prabhu who died at Mumbai on 25.10.2012. Copy of death certificate is annexed at Exhibit -'C' to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "D" to the petition.

Advocate for petitioner submits that since identification proof of the deceased no. 1 is not available petitioner had filed Affidavit dated 02.07.2024 for dispensation of identification proof of the deceased no. 1 and 2. After perusal of the same it is found that the

2 TP 4050 of 2024 petitioner has mentioned that they had taken search, but the said identification proof of the deceased no. 1 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 no. 1. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased no. 1 is annexed as Exhibit "B" to the petition.

Advocate for petitioner submits that the said deceased no. 1 and 2 ordinarily resided at 16, Roshan Building, Shankar Palav Marg, Dadar (East), Mumbai - 400 014 and/or left property throughout India.

3. Advocate for petitioner submits that both 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 both the deceased surviving as his only heirs next-of-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 mother of the deceased no. 1 viz. Durga Damodar Prabhu predeceased the deceased.

Advocate for petitioner submits that both the deceased left behind them sons and married daughters viz. (1)

3 TP 4050 of 2024 Vishwanath Damodar Prabhu (son of both the deceased deceased/petitioner no. 1), (2) Raghunath Damodar Prabhu (son of both the deceased/petitioner no. 2) , (3) Devika Vinay Aidur (married daughter of both the deceased), (4) Smruti Digambar Pai (married daughter of both the deceased), (5) Kavita Jayant Pai (married daughter of both 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 Devika Vinay Aidur, Smruti Digambar Pai and Kavita Jayant Pai had given their consent for issuance of succession certificate in favour of Vishwanath Damodar Prabhu and ) Raghunath Damodar Prabhu.

The joint consent affidavits are annexed as page no. 22 to 24.

6. Advocate for Petitioner submits that being the sons of deceased claims to be entitled for 1/5th 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.

4 TP 4050 of 2024 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 19.09.2024 for proving General Notice filed through e-filing and Administration Bond dated 18.09.2024 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

5 TP 4050 of 2024 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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