Yashvi Vinaykumar Desai v. Savitaben Shantilal Desai (Deceased)

1 TP 4581 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 17th January'2025 Sr. No. 2-TP/4581/2024 (ECHCBM02152122024) Mr. KAYVAL P SHAH a/w. Sandeep Patade, Advocates for the petitioner.

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. Savitaben Shantilal Desai, who died at Daman on 20.11.1982. 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 10.09.2024 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 the identification proof of the deceased is annexed at Exhibit "A1" to the petition.

2 TP 4581 of 2024 2.

Advocate for petitioner submits that the said deceased ordinarily resided at Navi Ori, Nani Daman, Daman and left property within Greater Mumbai and in the State of Maharashtra.

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 her 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 the deceased predeceased the deceased. The husband of the deceased viz. Dr. Shantilal Jaganji Desai, died on 12.05.2014. Copy of the death certificate is annexed as Exhibit "E".

3 TP 4581 of 2024 Advocate for the petitioner submits that the son of the deceased viz. Vinaykumar Shantilal Desai died on 23.09.2020. Copy of the death certificate is annexed as Exhibit "C". The daughter in law viz. Nitaben Vinaykumar Desai died on 01.10.2020. Copy of the death certificate is annexed as Exhibit "D"

Advocate for petitioner submits that the deceased left behind her grand daughter and grand son viz. (1a) Yashvi Vinaykumar Desai (grand daughter of the deceased/petitioner herein/daughter of deceased son) (1b) Krupesh Vinaykumar Desai (grandson of the deceased/son of the deceased son). 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 Krupesh Vinaykumar Desai had given his consent for issuance of succession certificate in favour of Yashvi Vinaykumar Desai , petitioner.

The consent affidavit is annexed separately to the petition.

6. Advocate for Petitioner submits that being the granddaughter of deceased claims to be entitled for 1/2 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

4 TP 4581 of 2024 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 12.11.2024 for proving General Notice filed through e-filing and Administration Bond dated 12.11.2024 also filed through e-filing.

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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.

ksa/rvr COMPANY REGISTRAR / TESTAMENTARY REGISTRAR