Girish Ambalal Patel v. Ambalal Bechardas Patel Alias Ambalal Becharbhai Patel Alias Ambalal Alias Ambalal B Patel Deceased
1 TP 4494 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 8th January'2025 Sr No. - 14- TP/4494/2024 (AMH20210053261C202400020) Ms. Seema Hunnurkar, 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 viz. 1) Ambalal Bechardas Patel alias Ambalal Becharbhai Patel alias Ambalal alias Ambalal B Patel alias Ambalal Bacharbhai Patel alias Ambalal Becharbai Patel alias Ambalal Bahecharbhai Patel alias Ambalal Bahecharbhai Patel who died at Gujarat on 31.01.2000. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition. And deceased viz. 2) Maniben Ambalal Patel alias Ben Maniben Ambalal Patel alias Manibhai Ambalal Patel alias Maniben who died at Gujarat on 16.12.2005. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B1" to the petition.
2.
Advocate for petitioner submits that both the said deceased ordinarily resided at 37, Navjivan Society, West
2 TP 4494 of 2024 Mehmadbad Kheda, Mehmadbad Gujarat - 387130 and/or left property within Greater Bombay, 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 both the deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them sons and daughter viz. (1) Girish Ambalal Patel (son of the deceased/petitioner herein), (2) Harshadkumar Ambalal Patel (son of both the deceased) died on 21.05.2017. Copy of the death certificate is annexed as Exhibit "C". He left behind him (2A) Minaxiben Harshadkumar Patel (daughter in law of both the deceased/wife of deceased son), (2B) Taral Harshadkumar Patel (Grandson of both the deceased), (2C) Khyati Priteshkumar Patel (married granddaughter of both the deceased/daughter of deceased son), (3) Shardaben Raojibhai Patel (married daughter of both the deceased). Save and except there are no other legal heirs and next of
3 TP 4494 of 2024 kind left by the deceased, which is mentioned at para no. 4 of the petition.
Advocate for petitioner submits that Minaxiben Harshadkumar Patel, Taral Harshadkumar Patel, Khyati Priteshkumar Patel, Shardaben Raojibhai Patel had given their consent for issuance of succession certificate in favour of Girish Ambalal Patel, petitioner.
The consent affidavits are annexed as page no. 16 to 33.
6. Advocate for Petitioner submits that being the son 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
4 TP 4494 of 2024 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 for proving General Notice filed through e-filing and Administration Bond dated 11.11.2024 also filed through e-filing. The advocate for the petitioner has produced the original Administration Bond. I verified the same and returned back to the Advocate for the petitioner to upload the same if the same is not accepted by the registry and get it approved.
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
5 TP 4494 of 2024 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.
Advocate for the petitioner undertakes to upload the Administration Bond and get it approved. Office to issue grant as soon as Advocate for the upload the Administration Bond.
COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR