Eugenia Piedade Monteiro v. Manuel Menino Monteiro (Deceased)
1 TP 4982 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6th January'2025.
Sr No. - 18-TP/4982/2024 (ECHCBM02129072024) Ms. Stuti Ladia i/b. Dhruv Liladhar & Co., Advocate for the petitioner.
Called for direction
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. Manuel Menino Monteiro who died at Mumbai on 26.05.1993. 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 404, Tideways, St. John Baptist Road, Sandra (West), Mumbai - 400 050, and left prope11ies within Greater Bombay 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.
2 TP 4982 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 Indian Succession Act, 1925 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 petitioner submits that the deceased left behind him widow, daughters and sons viz. Mrs. Eugenia Piedade Monteiro (widow of the deceased/petitioner herein), (2) Ashwini Zelia D'Mello nee Monteiro (daughter of the deceased), (3) Ashley Constancio Savio Monteiro (son of the deceased), (4) Ashton Anthony Fransquin Monteiro (son of the deceased), (5) Ashmita Julia Monteiro (daughter of the deceased), (6) Ashford Bosco Monteiro (son of the deceased). 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 Ashwini Zelia D'Mello nee Monteiro, Ashley Constancio Savio Monteiro, Ashton Anthony Fransquin Monteiro, Ashmita Julia Monteiro and Ashford Bosco Monteiro had given their consent for issuance of succession certificate in favour of Eugenia Piedade Monteiro.
The consent affidavits are annexed as page no. 1829.
3 TP 4982 of 2024 The consent affidavit of Ashwini Zelia D'Mello nee Monteiro and Ashley Constancio Savio Monteiro, and is annexed separately to the petition.
6. Advocate for Petitioner submits that being the wife of deceased claims to be entitled for 1/6th share in the estate left by the deceased.
Advocate for the petitioner to carry out correction in para no. 5 of the petition with respect to share claims to be entitled for 1/6th share in the estate left by the deceased. Advocate for the petitioner will upload the corrected version and will get it approved. Reverification is dispensed with.
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
4 TP 4982 of 2024 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 14.11.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 04.12.2024 for proving General Notice filed through e-filing and Administration Bond dated 21.12.2024 also filed through e-filing. The original Administration Bond and Affidavit of Service is taken on record.
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 :
5 TP 4982 of 2024
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. 5 of the petition and upload the corrected version and get it approved. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR