Maryanne Mendonca Daughter Of Stanislaus Menezes v. Irene Menezes Alias Menezes Irene Harriet Wife Of Stanislaus Menezes (Deceased No. 1)

1 TP 4391 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 21st November'2024.

Sr. No. 37-TP/4391/2024 (AMH20240129954C202400007) 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 no.(1) viz. Irene Menezes alias Menezes Irene Harriet wife of Stanislaus Menezes alias Menezes Irene wife of Stanislaus Menezes who died at Mumbai on 14th day of August 2019. 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. And deceased no.(2) viz. Stanislaus Menezes alias Stanislaus Menezes son of Piadad Menezes alias Menezes Stanislaus who died at Mumbai on 4th day of January 2022. Copy of death certificate is annexed at Exhibit - 'C' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "D" to the petition.

2.

Advocate for petitioner submits that BOTH the said deceased ordinarily resided at B-5 Mt. Nirmala Colony, St. John Baptist Road, Bandra (West),Mumbai - 400 050 and/ or left property within Greater Bombay.

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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-ofkin 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 both the deceased predeceased the deceased.

Advocate for petitioner submits that both the deceased left behind them daughters viz. (1) Maryanne Mendonca D/o. of Stanislaus Menezes (daughter of both the deceased/petitioner herein), (2) Judith Menezes d/o. Of Stanislaus Menezes (daughter of both the deceased) , (3) Ms. Denise Palat d/o. of Stanislaus Menezes (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 Judith Menezes and Denise Palat had given their consent for issuance of succession certificate in favour of Maryanne Mendonca.

The consent affidavits are annexed as page no. 15 to 17.

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6. Advocate for Petitioner submits that being the daughter of 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 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 05.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 19.10.2024

4 TP 4391 of 2024 for proving General Notice filed through e-filing and Administration Bond dated 24.10.2024 also filed through efiling.

12. 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 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