Shyamala Ravichandran v. Aiyasawmy Devarajan (Deceased No. 1)
1 TP 4052 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 10th January'2025 Sr No. - 41-TP/4052/2024 (ECHCBM02127262024) Mr. Sudhir Yadav i/b. Gill H. Singh, 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 Securities belonging to the deceased no. (1) viz. AIYASAWMY DEVARAJAN, who died at Mumbai on 29.01.1995. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no. (2) viz. Ravichandran Aiyasawmy Devarajan, who died at Mumbai on 09.03.2023. Copy of death certificate is annexed at Exhibit -'A1' to the petition. Advocate for petitioner submits that since identification proof of both the deceased is not available petitioner had filed Affidavit dated 04.10.2024 for dispensation of identification proof of both the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of both the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of both the deceased. The said request
2 TP 4052 of 2024 is accepted. Copy of Affidavit for dispensation of identification proof of both the deceased is annexed separately to the petition.
2.
Advocate for petitioner submits that both the said deceased ordinarily resided at 17, Meena, 60 Feet Road, Ghatkopar East, Mumbai 400077 and 2/101, Shubharambh Complex Phase 1, Manpada, Thane (West) Pin - 400610 and left property within Greater Bombay and in the State of Maharashtra.
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 their 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 parents of the deceased predeceased the deceased. The wife of deceased no.1 viz. Valliammal Devarajan predeceased the deceased on 3 February, 2013. Copy of the death certificate is annexed as EXHIBIT "C".
Advocate for petitioner submits that both the deceased left behind them viz. (1) SHYAMALA RAVICHANDRAN (daughter of deceased no.1/ widow of deceased no.
3 TP 4052 of 2024 2/petitioner herein), (2) SUGUNA ARUN (daughter of deceased no.1/married sister of deceased no. 2),
(3) BHUSHANAM AIYASAWMY DEVARAJAN (son of deceased no. 1/brother of deceased no. 2),
(4) RAJALAKSHMI RADHAKRISHNAN NEE RAJALAKSHMI DEVARAJAN (daughter of deceased no. 1/sister of deceased no. 2), (5) MOHANA DEVARAJAN (daughter of deceased no. 1/sister of deceased no. 2), (6) MUDALIAR MURUGAVEL DEVARAJAN (son of the deceased no. 1/brother of deceased no. 2), (7) VITTAL DEVARAJAN (son of deceased no. 1/brother of deceased no.2), (8) RAVICHANDRAN (granddaughter of deceased no.1 /daughter of deceased no. 2). 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 SUGUNA ARUN, BHUSHANAM AIYASAWMY DEVARAJAN, RAJALAKSHMI RADHAKRISHNAN NEE RAJALAKSHMI DEVARAJAN, MOHANA DEVARAJAN, MUDALIAR MURUGAVEL DEVARAJAN, VITTAL DEVARAJAN, SUCHETA RAVICHANDRAN had given their consent for issuance of succession certificate in favour of SHYAMALA RAVICHANDRAN, petitioner.
The consent affidavits are annexed as page no. 25 to 52.
4 TP 4052 of 2024
6. Advocate for Petitioner submits that being the daughter in law of deceased claims to be entitled for 1/7th 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 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.
5 TP 4052 of 2024 Advocate for the petitioner submits that Affidavit of Service dated 05.10.2024 for proving General Notice filed through e-filing and Administration Bond dated 04.10.2024 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.
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.
COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR