Sadanand Hariram Kurmi v. Hariram Pachu Kurmi (Deceased)
1 TP 4905 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 8th January'2025 Sr No. - 26-TP/4905/2024 (AMH20230049678C202400004) Ms. Yojana Gaikwad i/b. Roma Bhende, 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 debts belonging to the deceased viz. HARIRAM PACHU KURMI. who died at Uttar Pradesh on 02.03.2023. 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.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at B /31, Sainath Society, Mohili Village, Behind Wilson Hotel Sakinaka Mumbai - 400072, and/or left property within Greater Bombay and in the 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.
2 TP 4905 of 2024 4.
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 the petitioner submits that the wife of the deceased died on 14.11.2022 at Uttar Pradesh. Copy of the death certificate is annexed as Exhibit "C'. Advocate for petitioner submits that the deceased left behind him daughters and sons viz. (1) Chameli Rambali Patel Nee Chameli Hariram Kurmi (daughter of the deceased), (2) Durgavati Devi Pavan Patel Nee Durgavati Devi Hariram Kurmi (daughter of the deceased), (3) Sushila Ramganesh Varma Nee Sushila Hariram Kurmi (daughter of the deceased), (4) Gajanand Hariram Patel (son of the deceased), (5) Meena Gopal singh Kurmi nee Meena Hariram Kurmi (daughter of the deceaesd), (6) Sadanand Hariram Kurmi (son of the deceased/petitioner herein). 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 Chameli Rambali Patel Nee Chameli Hariram Kurmi , Durgavati Devi Pavan Patel Nee Durgavati Devi Hariram Kurmi , Sushila Ramganesh Varma, Gajanand Hariram Patel, Gajanand Hariram Patel , Meena Gopal singh Kurmi nee Meena Hariram Kurmi had given their consent for issuance of
3 TP 4905 of 2024 succession certificate in favour of Sadanand Hariram Kurmi, petitioner.
The consent affidavits are annexed as page no. 15 to 40.
6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 16.67% 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.
4 TP 4905 of 2024
10. Advocate for the petitioner submits that the General Notice was issued on 17.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 22.11.2024 for proving General Notice filed through e-filing and Administration Bond dated 10.12.2024 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.
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
5 TP 4905 of 2024 endorsement be made on the Administration Bond, subject to satisfaction of the Department.
COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR