Manoj Premji Shah v. Premji Jethabhai Shah (Deceased)
1 TP 4938 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 27th November'2024.
Sr. No. 31- TP/4938/2024 AMH20230035976C202400013 Mr. MIRCHANDANI ADDANAN H V, Advocate for the petitioner.
For Compliance Advocate for petitioner is directed to remove the word "Stock and" from prayer clause. Advocate for the petitioner will upload the corrected version. Reverification is dispensed with.
Advocate for the petitioner submits that inadvertently the total of the schedule is not mentioned in schedule of the petition. Advocate for the petitioner submits that he may be permitted to carry out correction with respect to the total of the schedule in the schedule of the petition. He will upload the corrected version and he will get it approved. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction with respect to total of the schedule into the schedule of the petition. He will upload the corrected version and he will get it approved. Reverification is dispensed with.
2 TP 4938 of 2024
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. PREMJI JETHABHAI SHAH who died at Mumbai on 08.07.2008. 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 A-12, Soman Nagar, 1" Floor, Balmukund Marg, Chinchpokli, Mumbai 400012 and he left his property in Greater Bombay in the State of Maharashtra and throughout the territory of 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 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 parents of the deceased predeceased the deceased. The wife of the deceased predeceased on 14.03.2019. Copy of the death certificate is annexed as Exhibit "B".
3 TP 4938 of 2024 Advocate for petitioner submits that the deceased left behind him married sons viz.(1) MANOJ PREMJI SHAH (married son of the deceased/petitioner herein) ,
(2) VINOD PREMJI SHAH (married son of the deceased),
(3) RAMESH PREMJI SHAH (son of the deceased) died on 27.07.2023. Copy of the death certificate is annexed as Exhibit C. He left behind him (3A) KALPANA RAMESH SHAH (daughter in law of the deceased/wife of deceased son), (3B) NIKET RAMESH SHAH (married grandson of the deceased/son of deceased son), (3C) RINKLE VINIT GALA (married granddaughter of the deceased/daughter of 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 VINOD PREMJI SHAH, KALPANA RAMESH SHAH, NIKET RAMESH SHAH and RINKLE VINIT GALA had given their consent for issuance of succession certificate in favour of MANOJ PREMJI SHAH, petitioner herein.
The consent affidavits are annexed as page no. 20 to 31.
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.
4 TP 4938 of 2024
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.
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 17.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 13.11.2024 for proving General Notice filed through e-filing and Administration Bond dated 22.10.2024 also filed through e-filing.
5 TP 4938 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 the corrections into the petition and upload the corrected version and get it approved. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR