Sukh Sampat Sardarmal Mohnot v. Sardarmal Ghambhirmal Mohnot (Deceased)
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 24th November, 2025 CALLED FOR COMPLIANCE :
TP/6028/2024 (E-filing) Mr. Swapnil Narkar, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Sukh Sampat Sardarmal Mohnot being son of deceased. Deceased namely Sardarmal Ghambhirmal Mohnot died intestate at Mumbai on 23.05.1972. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 22.10.2024 for non-availability of identification proof of deceased. The same is accepted.
2. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One son of deceased namely Sobhag died on 14.05.1986 leaving behind his two daughters and one son. Deceased was survived by one son, two granddaughters and one grandson. Out of them son is petitioner herein and one granddaughter of deceased namely Manju has been served with the citation and Affidavit of Service dated 10.07.2025 is filed to that effect. Another granddaughter namely Anita and grandson namely Akshay of deceased have been served with the citation through newspaper publication and Affidavit of Service of publication dated 31.10.2025 is filed to that effect. However, petitioner is required to take steps for justification for justification of surety for nonconsenting legal heirs namely Manju, Akshay and Anita as per the Rules. Hence, Advocate to take steps. The said non-consenting legal heirs namely Manju, Akshay and Anita are jointly entitled for 50% shares in the estate of the deceased mentioned at Schedule I of the petition.
3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 10.07.2025 and Administration Bond dated 10.01.2025 are filed but incomplete, as the name of Surety is not mentioned in 1st para of the said Bond. Delay is explained and same is condoned.
4. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant.
24.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR