Allowed

Sanjiv Mohanlal Dhruve v. Shivani Sanjiv Dhruve (Deceased)

Bombay HC28 Jun 2024TP/1210/2024

Case brief

AI extract

What is this about?

Testamentary petition by the mother of an unmarried, intestate deceased seeking a succession certificate over securities. Compliance verified, general notice issued, administration bond dispensed with per earlier direction; petition allowed and certificate granted in prescribed format.

What did the court decide?

Succession Certificate granted to petitioner for securities listed in Schedule-1, subject to office verification and account filing.

Sanjiv Mohanlal Dhruve vs Shivani Sanjiv Dhruve… — Succession and Inheritance | Bombay HC (2024)

¶1

1 TP 1210 of 2024

¶2

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th July’2024

¶3

Sr. No. – 9 - TP/1210/2024

¶4

(ECHCBM02162832023)

¶5

Ms. Shraddha Prajapati, Advocate i/b. Parag Shah for the petitioner.

¶6

Called for Compliance

¶7

Advocate for the petitioner submits that mother being the class I legal heir has been transposed as petitioner in the present petition on 01.12.2023. Advocate for the petitioner submits that Office entry do not reflet the same. Office is directed to make necessary correction in the cause title of the petition and register.

¶8

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. SHIVANI SANJIV DHRUVE who died at Mumbai on 13.05.2023. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “A1” to the petition.

¶9

Advocate for petitioner submits that the said deceased ordinarily resided at A-1202, Lotus Prestige Doll CHS Ltd, Bhatt Lane, Near Poisar Depot, Kandivali (West),

¶10

2 TP 1210 of 2024

¶11

Mumbai -400 067 and left property within Greater Bombay and elsewhere in India.

¶12

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.

¶13

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

¶14

Advocate for petitioner submits that the deceased the deceased died unmarried.

¶15

Advocate for the petitioner submits that the deceased left behind her mother viz. Amita Dhruve Sanjiv (mother of the deceased/petitioner herein). 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.

¶16

Advocate for Petitioner submits that being the mother of deceased claims to be entitled for 100% share in the estate left by the deceased.

¶17

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.

¶18

3 TP 1210 of 2024

¶19

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.

¶20

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.

¶21

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.

¶22

Advocate for the petitioner submits that the General Notice was issued on 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 04.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 17.04.2024 also filed through e-filing.

¶23

Pursuant to order dated 28.02.2023 passed by Hon’ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of

¶24

4 TP 1210 of 2024

¶25

Administration Bond. Hence, as per direction of the Hon’ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

¶26

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 :

¶27

ORDER

¶28

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.

¶29

Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

¶30

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.

¶31

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Sanjiv Mohanlal Dhruve v. Shivani Sanjiv Dhruve (Deceased)

Case brief

What is this about?

What did the court decide?

Sanjiv Mohanlal Dhruve v. Shivani Sanjiv Dhruve (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Gaurav Vijay Shah vs Vijay Shantilal Shah (Deceased)

Srinath Hariharan Kashyap vs Hariharan Tathamangalam Subramanian

Vikrum Shah Aka Vikrum Vasant Shah vs Vasant Shantilal Shah

Vivek Vishwanath Khare vs Shashikala Vishwanath Khare

Harshadrai Purshottam Parekh vs Kalpana Harshadrai Parekh (Deceased)

Khyati Chirag Shah vs Urmila Dilip Shah (Deceased)