Nita Jayesh Shah v. Jayesh Ramanlal Shah Alias Jayesh R Shah Alias Ramanlal Jayesh Shah (Deceased)

BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th February, 2025 CALLED FOR COMPLIANCE :

TP/5989/2024 (E-filing) Advocate for petitioner and petitioner are absent. PC : 1. Perused Petition. Upon perusal of the petition, it has been observed that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased namely Jayesh Ramanlal Shah alias Jayesh R. Shah alias Ramanlal Jayesh Shah alias Shah Jayesh Ramanlal who died at Hyderabad, Telangana on 03.10.2023. Copy of death certificate is annexed to the petition as Exhibit -'A'. Copy of identification proof of deceased viz. Pan Card is annexed to the petition as Exhibit - "B".

2. Ld. Advocate for petitioner submits that deceased ordinarily resided at B - 17/18, Vijay Kunj, Vallabh Baug Lane, Ghatkopar (East), Mumbai - 400077 , 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 father of deceased namely Ramanlal Vadilal Shah predeceased the deceased who died on 13.02.2005. Deceased was survived by mother namely Vijayalaxmi Ramanlal Shah, ....2

- 2 - widow namely Nita Jayesh Shah who is petitioner herein, son namely Maulik Jayesh Shah and daughter namely Ruchi Jayesh Shah. 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 Affidavits of Vijayalaxmi Ramanlal Shah, Maulik Jayesh Shah and Ruchi Jayesh Shah all dated 16.10.2024 are filed and they have given their consents in favour of petitioner namely Nita Jayesh Shah. The said consent Affidavits are annexed to the petition at page Nos. 17 to 28.

6. Ld. Advocate for Petitioner submits that petitioner being widow of deceased claims to be entitled for 1⁄4 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. That the General Notice was issued on 04.01.2025 in the aforesaid matter. That Affidavit of Service dated 17.01.2025 for proving the service of General Notice filed through e-filing. Administration Bond dated 15.01.2025 is filed separately through e-filing. ......3

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11. 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 ScheduleI, 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. 24.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR