Bombay High CourtTP/4204/2024grant issued

Subhash Chaturbhuj Marawadi v. Chaturbhuj Hariram Jhamvar (Deceased)

2024-11-04Shri. S. B. Bhansali (Prothonotary Senior Master))5 pages

1 TP 4204 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 4th November'2024.

Sr. No. 13-TP/4204/2024 (ECHCBM02148792024) Ms. Jyoti Badgujar i/b. Lakdawala & Co., 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 Securities belonging to the deceased viz. Chaturbhuj Hariram Jhamvar alias Chaturbhuj H. Jhamvar alias Chaturbhuj H. Jhanvar alias C.H. Jhamvar alias Chaturbhuj Hariram Zhamvar alias C. H.Jhamvar who died at Satara on 03.02.1997. 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 05.04.2024 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

2 TP 4204 of 2024 proof of the deceased is annexed as Exhibit "C" to the petition.

Advocate for petitioner submits that the said deceased ordinarily resided at 243, Bhawani Peth, Satara - 411 042 Maharashtra and left property within within Greater Bombay and in the State of Maharashtra and elsewhere in India.

Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.

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. 4.

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 mother of the deceased viz. Jankibai Hariram Jhamvar predeceased the deceased. The wife of the deceased viz. Mathura

3 TP 4204 of 2024 Chaturbhuj Jhamvar died on 21.01.2009. Copy of the death certificate is annexed as Exhibit "D".

Advocate for petitioner submits that the deceased left behind him three sons and four daughters viz. (1) Subhash Chaturbhuj Marawadi (son of the deceased/petitioner no. 1), (2) Mohan Chaturbhuj Jhamvar (son of the deceased/petitioner no. 2), (3) Suresh Chaturbhuj Jhamvar (son of the deceased/petitioner no. 3), (4) Saroj Gulabchand Rathi (married daughter/petitioner no. 4).

(5) Prabha Premkishore Sikchi (married daughter of the deceased/petitioner no. 5), (6) Sudha Nareshchandra Dhoot (married daughter of the deceased/petitioner no. 6),

(7) Shyama Gopalrai Mandhania (married daughter of the deceased/petitioner no. 7). 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.

6. Advocate for Petitioner submits that being the sons and married daughters 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.

4 TP 4204 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 10.10.2024 also filed through e-filing.

Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the

5 TP 4204 of 2024 surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

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 / TESTAMENTARY REGISTRAR