Jehanbaksh Rusi Dadachanji v. Rusi Ardeshir Dadachanji (Deceased)

1 TP 4324 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 4th November'2024.

Sr. No. 29-TP/4324/2024 (AMH20240129954C202400006) 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 debts belonging to the deceased viz. Rusi Ardeshir Dadachanji alias Rusi A. Dadachanji alias Rusi Ardeshir Dadachanjee who died at Mumbai on 28.05.2024. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at 649, P. M. Kaka Bldg., Firdoshi Road, Dadar Farsi Colony, Mumbai - 400014 and/ or left property within Greater Bombay and in the State of Maharashtra.

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.

2 TP 4324 of 2024 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Indian Succession Act, 1925 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 the deceased viz. Hutoxi Rusi Dadachanji died on 19.12.2020. Copy of the death certificate is annexed as Exhibit "C". Advocate for petitioner submits that the deceased left behind him son and married daughter viz. (1) Jehanbaksh Rusi Dadachanji (son of the deceased/petitioner herein),

(2) Gulshad Framroze Vatcha (married 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 Gulshad Framroze Vatcha had given her consent for issuance of succession certificate in favour of Jehanbaksh Rusi Dadachanji.

The consent affidavits are annexed as page no. 13 to 14.

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/2 share in the estate left by the deceased.

3 TP 4324 of 2024

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 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 19.09.2024 also filed through e-filing.

11. This petition is filed for grant of Succession Certificate in respect to the debts 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

4 TP 4324 of 2024 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 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