Allowed

Usha Indra Somani v. Indra Kumar Somani (Deceased)

Bombay HC6 Apr 2024TP/1260/2024

Case brief

AI extract

What is this about?

Succession certificate petition by the widow of a deceased who died intestate in Mumbai. Mother consented; delay condoned. Registrar allowed the petition and directed grant of succession certificate for the scheduled securities, subject to corrections and office verification.

What did the court decide?

Succession Certificate granted to petitioner for securities in the schedule, grant expedited.

Usha Indra Somani vs Indra Kumar Somani (Deceased) — Succession and Inheritance | Bombay HC (2024)

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1 TP 1260 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 21st November’2024.

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Sr. No 9-TP/1260/2024 (ECHCBM02032832024

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Mr. Jayesh Mestry, Advocate for the petitioner. For Compliance

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Advocate for the petitioner has produced original petition where the identification proof of the deceased is verified and which is legible.

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Advocate for the petitioner to carry out correction at para no 7 of the petition with respect to valuation of the securities which is mentioned incorrectly. Advocate for the petitioner to upload the corrected version and he will get it approved. Reverification is dispensed with. Advocate for the petitioner is also directed to carry out correction at the end of the schedule with respect to the claim amount i.e. 24,38,025/- instead of 28,38,025/-. Advocate for the petitioner will upload the corrected version and get it approved. Reverification is dispensed with.

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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 Securities belonging to the deceased viz. Indra Kumar Somani who died at Mumbai on 23.04.2021. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the

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2 TP 1260 of 2024

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identification proof of the deceased is annexed at Exhibit “A1” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at Shree Niketan Block - 12, 4th Floor, 86-A, Marine Drive, Kalbadevi, Mumbai - 400 002 and/or left property within limited of Greater Bombay and in the State of Maharashtra and elsewhere in in India.

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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.

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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-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 father of the deceased predeceased the deceased. The deceased died issueless.

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Advocate for petitioner submits that the deceased left behind him mother and wife viz. Bhagwatidevi Ramnarain

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Somani (mother of the deceased) and Usha Indra Somani (wife 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.

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3 TP 1260 of 2024

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Advocate for petitioner submits that Bhagwatidevi Ramnarain Somani had given their consent for issuance of succession certificate in favour of Usha Indra Somani.

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The consent affidavit of Bhagwatidevi Ramnarain Somani is annexed separately to the petition.

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

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Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 5 to the petition with respect to share of the petitioner claims to be entitled for 1/2 share in the estate left by the deceased. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction forthwith in para no. 5 with respect to share of the petitioner claims to be entitled for ½ share in the estate left by the deceased. He will upload the corrected version. And he will get it approved. Reverification is dispensed with.

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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.

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4 TP 1260 of 2024

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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 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 13.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 07.06.2024 also filed through e-filing.

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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

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5 TP 1260 of 2024

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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 securities left by the deceased and shown in the schedule, in prescribed format. Grant to be expedited since one of the legal heir is 96 years old.

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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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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.

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Office to issue grant as soon as advocate for the petitioner carry out correction in para no. 5 , 7 and schedule of the petition. He will upload the corrected version and get it approved.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Usha Indra Somani v. Indra Kumar Somani (Deceased)

Case brief

What is this about?

What did the court decide?

Usha Indra Somani v. Indra Kumar Somani (Deceased)

Case brief

What is this about?

What did the court decide?

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