Allowed

Tejindar Singh Bains S/O. Gurbakhshind Singh Bains v. Gurbakhshind Singh Bains S/O. Gurbans Singh Bains (Deceased NO.1)

Bombay HC11 Jan 2024TP/122/2024

Case brief

AI extract

What is this about?

Testamentary petition by the two sons of deceased intestate parents seeking a Succession Certificate over their debts and securities in Mumbai. Facts stated on oath were unchallenged and compliance was verified; the petition was allowed and the certificate ordered to be granted.

What did the court decide?

Succession Certificate granted to the petitioners for the debts and securities shown in Schedule-1, after office verification of cross-petitions or resisting affidavits.

Tejindar Singh Bains S/O. Gurbakhshind Singh Bains… — Succession and Inheritance | Bombay HC (2024)

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1 TP 122 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR^th April’2024.

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Sr. No. 18 - TP 122 of 2024 (ECHCBM02179222023)

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Mr. Manoj Mane, Advocate for petitioner.

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Called for direction.

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Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts and Securities belonging to the deceased (1) viz. Gurbakhshind Singh Bains S/o. Gurbans Singh Bains who died at Mumbai on 30.09.2012. 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. And deceased (2) viz. Amerjeet Kaur Bains W/o. Gurbakhsind Singh Bains who died at Navi Mumbai on 18.05.2018. Copy of death certificate is annexed at Exhibit -“B” to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “B1” to the petition.

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Advocate for petitioner submits that the said deceased No. (1) ordinarily resided at No. R/21/B- 605, Mukti Resedency, Near by ICICI Bank, Tilak Nagar, Chembur, Mumbai- 400 089

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Advocate for petitioner submits that the said deceased No. (2) ordinarily resided at 702/ A-2, Sapphire

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2 TP 122 of 2024

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Building, Neelkanth Regent, R. N. Narkar Marg, Pant Nagar, Ghatkopar(East), Mumbai- 400 075 and both the deceased left property within Greater Mumbai and in the State of Maharashtra.

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Advocate for petitioner submits that both the said deceased died intestate and that due and diligent search has been made for the Will but none has been found.

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

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Advocate for the petitioner submits that the parents of the deceased no. 1 predeceased the deceased.

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Advocate for petitioner submits that both the deceased left behind them tow sons viz. Tejindar Singh Bains S/o. Gurbakhshind Singh Bains (son of both the deceased/petitioner no. 1 herein) and Satinder Pal Bains S/o. Gurbakhshind Singh Bains (son of both the deceased/petitioner no. 2 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.

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Advocate for Petitioner submits that being the sons of both the deceased claims to be entitled for 1/2 share in the estate left by the deceased.

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Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession

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3 TP 122 of 2024

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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.

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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.

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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.

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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.

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Advocate for the petitioner submits that the General Notice was issued on 11.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service through Bailiff Office of Deputy Sheriff of Mumbai dated 23.2.2024 for proving General Notice filed through e-filing.

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Advocate for the petitioner submits that “pursuant to the order dated 2.2.2024 passed by the Hon’ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before

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4 TP 122 of 2024

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the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with”.

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This petition is filed for grant of Succession Certificate in respect to the debts and 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 :

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ORDER

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Petition is allowed and the Succession Certificate be granted to the petitioner for certain debts and securities left by the deceased and shown in the schedule, in prescribed format.

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

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ksa/rvr

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Tejindar Singh Bains S/O. Gurbakhshind Singh Bains v. Gurbakhshind Singh Bains S/O. Gurbans Singh Bains (Deceased NO.1)

Case brief

What is this about?

What did the court decide?

Tejindar Singh Bains S/O. Gurbakhshind Singh Bains v. Gurbakhshind Singh Bains S/O. Gurbans Singh Bains (Deceased NO.1)

Case brief

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What did the court decide?

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