Jasmine Shaival Jhaveri v. Shaivalshailesh Jhaveri (Deceased)
1 TP 4553 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 22nd January' 2025.
Sr. No. 39-TP/4553/2024 (ECHCBM02151332024) Mr. Yash Pagade i/b. CM Lokesh, 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. Shaival Shailesh Jhaveri who died at Mumbai on 05.03.2021. 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.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at 41-43, Vijay Apartment, Carmichael Road, Cumballa Hill, Mumbai - 400 026 and left properties throughout 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.
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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 petitioner submits that the deceased left behind him wife, mother ,daughter viz. (1) Jasmine Shaival Jhaveri (wife of the deceased/petitioner herein),
(2) Hemanti Shailesh Jhaveri (mother of the deceased), (3) Riva Shaival Jhaveri (minor daughter through mother Jasmine Shaival Jhaveri). 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 Hemanti Shailesh Jhaveri and Riva Shaival Jhaveri (minor daughter through mother as a natural guardian) had given their consent for issuance of succession certificate in favour of Jasmine Shaival Jhaveri, petitioner.
Pursuant to the order dated 6.04.2021 (Coram : G. S. Patel, J.) in TP No. 1701 of 2017 the Hon'ble Court passed an order that "in all matters where a birth parent seeks such Letters of Administration or a succession certificate, the Registry is not entitled to demand surety justifying the birth minor's share in the property or estate in question. Such a demand can only be made where the petitioner is not the birth parent and natural guardian of the minor".
3 TP 4553 of 2024 Hence, Jasmine Shaival Jhaveri is natural guardian of Riva Shaival Jhaveri (daughter of the deceased). Hence the share of Riva Shaival Jhaveri not to be deposited in the Hon'ble Court.
The consent affidavits are annexed as page no. 18 to 19.
6. Advocate for Petitioner submits that being the wife 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.
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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 11.11.2024 for proving General Notice filed through e-filing and Administration Bond dated 28.11.2024 also filed through e-filing.
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. Grant to be expedited since the mother of the deceased is 77 years old.
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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 ksa/rvr