Archan Mahesh Thakore v. Rasikmani Kanaiyalal Thakore Alias Rasikmani Kahaiyalal Thakore (Deceased)

1 TP 4076-2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 9th October'2024.

Sr. No 35-TP/4076/2024 (ECHCBM02144602024) Ms. Anita Manjalkar, Advocate i/b. Jignesh Nishar for the petitioner.

For Compliance Advocate for the petitioner to carry out correction into the cause title of the petition with respect to marital status of the deceased as "widow" instead of "married". Advocate for the petitioner submits that she may be permitted to carry out correction into the cause title with respect to marital status as "widow" instead of "married" She will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner to carry out correction into the cause title with respect to marital status of the deceased as "widow". She will upload the corrected version and reverification is dispensed with.

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. Rasikmani Kanaiyala1 Thakore alias Rasikmani Kahaiyala1 Thakore who died at

2 TP 4076-2024 Mumbai on 07.01.1989. Copy of death certificate is annexed at Exhibit -'A' to the petition.

Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 11th July'2024 for dispensation of identification proof of 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 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 the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as Exhibit "A1" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at 13/ 1, Parvati Niketan Andheri C.H.S., V. P. Road, Near Fidai Baug, Andheri (West), Mumbai - 400 058 and left property within Greater Bombay, 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.

3 TP 4076-2024 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to 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 Husband of the deceased viz. Thakore Kanayalal, is predeceased the deceased died on 16.08.1977. Hereto annexed and marked as Exhibit-"B" is a copy of his death certificate. Advocate for petitioner submits that the deceased left behind her son viz. Mahesh Kanhaiyalal Thakore alias Mahesh Kahaiyalal Thakore (son of the deceased) died on 03.07.2005. Copy of the death certificate is annexed as Exhibit "C" to the petition. He left behind him (1A) Nita Mahesh Thakore (daughter in law of the deceased), (1B) Archan Mahesh Thakore (grandson of the deceased/petitioner herein/son of deceased son), (1C) Radha Nisarg Joshi (married granddaughter of the deceased/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 Nita Mahesh Thakore and Radha Nisarg Joshi had given their consent for issuance of succession certificate in favour of Archan Mahesh Thakore.

4 TP 4076-2024 The consent affidavits are annexed as page no. 17 to 23.

6. Advocate for Petitioner submits that being the grandson of the deceased claims to be entitled for 1/3rd 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

5 TP 4076-2024 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 25.08.2024 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

6 TP 4076-2024 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 into the cause title of the petition and upload the corrected version.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR