Sunil Dattaram Matal v. Dattaram Arjun Matal Alias Matal Dattaram Arjun (Deceased)

BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th February, 2025 CALLED FOR COMPLIANCE :

TP/5233/2024 (E-filing) Mr. S. P. Gupta, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased namely Dattaram Arjun Matal alias Matal Dattaram Arjun who died at Mumbai on 10.10.2019. Copy of death certificate is annexed to the petition as Exhibit -'A'. Copy of identification proof of deceased viz. Aadhaar Card is annexed to the petition as Exhibit - "A1".

2. Ld. Advocate for petitioner submits that deceased ordinarily resided at Laxman Govind Pandit Chawl, Maniklal Parshiwadi, Ghatkopar (W), Greater Mumbai, Mumbai Suburban, Maharashtra-400086, and left property within Greater Mumbai, the State of Maharashtra and elsewhere in India.

3. Ld. 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. Ld. Advocate for petitioner submits that deceased left behind his only legal heirs shown in the paragraph No. 4 of the petition, as per the provisions of the Hindu Succession Act, 1956.

5. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of deceased namely Sunanda Dattaram Matal predeceased the deceased who died on 26.01.2010. Deceased died as widower. ......2

- 2 - Deceased was survived by one son namely Sunil Dattaram Matal who is petitioner herein and one daughter namely Ranjana Vasant Mulam. 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. Ld. Advocate for petitioner further submits that Consent Affidavit of Ranjana Vasant Mulam dated 23.09.2023 is filed and she has given her consent in favour of petitioner namely Sunil Dattaram Matal. The said consent Affidavits are annexed to the petition at page Nos. 18 to 20.

6. Ld. Advocate for Petitioner submits that petitioner being son of deceased claims to be entitled for 1⁄2 share in the estate left by the deceased.

7. Ld. 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. Ld. 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. Ld. 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. Ld. Advocate for the petitioner submits that delay in filing present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. .......3

- 3 - 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 13.12.2024 for proving the service of General Notice filed through e-filing. Administration Bond dated 22.11.2024 is filed. Ld. Advocate for petitioner seeks permission to carry out corrections in the Administration Bond with respect to the averment of amount. The said request is accepted. Ld. Advocate for petitioner undertakes to upload the corrected version of the Administration Bond on the official portal of the Bombay High Court and get it approved from the the Registry.

12. This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in Schedule-I 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-I, 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.

4) Office to issue grant as soon as after filing of the corrected Administration Bond on the official portal of the Bombay High Court and the same is approved by the Registry.

12.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR