Bankim Balendra Clerk v. Balendra Kantilal Clerk Nee Dr Balendra Kantilala Clerk Nee Mr Balendrabhaiklark (Deceased No1)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th June, 2025 CALLED FOR COMPLIANCE :

TP/5457/2024 (E-filing) Ms. Tanya Srivastava i/b. Anushka Shetty, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to both the deceased filed by petitioner namely Bankim Balendra Clerk being son of deceased No. 1 and grandson of deceased No. 2. Deceased No. 1 namely Balendra Kantilal Clerk died intestate at Gujarat on 23.09.1998. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is already annexed to the petition. Deceased No. 2 namely Shanta Kantilal Clerk died intestate at Gujarat on 18.02.2002. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is already annexed to the petition.

2. Ld. Advocate for petitioner submits that wife of deceased No. 1 predeceased the deceased. Deceased No. 1 was survived by one son and one daughter. Out of them son is petitioner herein and daughter has given her consent in favour of petitioner herein.

As regards deceased No. 2 the parents and husband are predeceased the deceased. Deceased No. 2 was survived had two sons. One son of deceased No. 2 namely Balendra Kantilal Clerk predeceased the deceased who deceased No. 1 herein. Deceased No. 2 was survived by one son, one granddaughter and one grandson. Out of them grandson is petitioner herein and all other legal heirs of deceased No. 2 have given their consents in favour of petitioner herein. There are no other legal heirs.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 24.01.2025 and Administration Bond dated 14.02.2025 are filed. Delay is explained.

4. Ld. Advocate for petitioner submits that the property mentioned in the Schedule is jointly held by both the deceased. However, it is neither mentioned in the petition nor in the schedule annexed to the petition. Ld. Advocate for petitioner seeks time to take instructions in the matter.

5. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter. Hence, remove from board. 09.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR