Mahendra Jamnadas Kara v. Kara Hemant Jamnadas (Deceased)

1 TP 4736 of 2024. BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th November'2024.

Sr. No. 32-TP/4736/2024 (ECHCBM02075182024) Mr. Jayesh Mestry, 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 Securities belonging to the deceased viz. Kara Hemant Jamnadas alias Hemant Jamnadas Kara, who died at Thane on 18th day of May, 2011. 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 04.04.2024 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 Affidavit for dispensation of identification proof of the deceased is annexed as Exhibit ' A1' to the petition.

2 TP 4736 of 2024. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at Bhimji Kara S Bungalow, Chandravarkar Road, Borivali (West), Mumbai - 400092 and/or left property within limits of Bombay and in the State of Maharashtra and elsewhere in India.

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 his 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. Advocate for the petitioner is directed to carry out correction with respect to the details of parents of the deceased. Advocate for the petitioner request that he may be permitted to carry out the correction with respect to the details of the parents of the deceased and if the death certificate is available he will annex it to the petition. Advocate for the petitioner submits that the petitioner is 86 years old hence it is very difficult to find the death certificates of the parents. Hence he request for exemption of annexing the death certificate of the parents of the deceased. Advocate for the petitioner submits that he will upload the corrected version and reverification may be

3 TP 4736 of 2024. dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction in para no. 4 of the petition with respect to the details of the parents of the deceased forthwith. He will upload the corrected version and he will get it approved. Reverification is dispensed with.

Advocate for the petitioner submits that the deceased died bachelor.

Advocate for petitioner submits that the deceased left behind him brother viz. Mahendra Jamnadas Kara. 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.

6. Advocate for Petitioner submits that being the only brother of deceased claims to be entitled for entire 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

4 TP 4736 of 2024. 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 22.10.2024 for proving General Notice filed through e-filing.

Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

5 TP 4736 of 2024.

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.

Office to issue grant as soon as Advocate for the petitioner carry out correction in para no. 4 of the petition and upload the corrected version and get it approved. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR