Allowed

Kishore Vishweshwar Dange v. Vishweshwar Shamrao Dange (Deceased)

Bombay HC10 Jan 2024TP/9/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of Vishweshwar Shamrao Dange, who died intestate. Son sought certificate; married daughters consented. Delay in filing condoned, correction to petitioner's 1/3rd share permitted without reverification, and petition allowed.

What did the court decide?

Succession Certificate granted to petitioner for scheduled securities, subject to office verification of cross-petitions/resisting affidavits and account filing under Administration Bond.

Kishore Vishweshwar Dange vs Vishweshwar Shamrao… — Succession and Inheritance | Bombay HC (2024)

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1 TP 9 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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DATE : 8^th May’2024.

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Sr No. - 13- TP 9 of 2024 (ECHCBM02109292023) Pavitra Manesh, Advocate for the 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 Securities belonging to the deceased viz. Vishweshwar Shamrao Dange, who died at Mumbai on 27.08.2003 . 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.

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Advocate for petitioner submits that the said deceased ordinarily resided at A-04 Ganesh Dham CHS Ltd.,Gavanpada, Mulund East, Mumbai-400081 and left property within Greater Bombay and in the State of Maharashtra.

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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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2 TP 9 of 2024

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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 parents and wife of the deceased predeceased the deceased.

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Advocate for petitioner submits that the deceased left behind him two daughters and one son viz. Anjali D. Indurkar (nee name Anjali Vishweshwar Dange)(married daughter of the deceased) , Kishore Vishweshwar Dange (son of the deceased/petitioner herein) and Sonali Chittaranjan Naik (nee name Sonali Vishweshwar Dange) (married daughter of the deceased. 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 Anjali D. Indurkar (nee name Anjali Vishweshwar Dange) and Sonali Chittaranjan Naik (nee name Sonali Vishweshwar Dange) had given their consent for issuance of succession certificate in favour of Kishore Vishweshwar Dange.

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The consent affidavits are annexed as page no. 18 to 25.

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Advocate for the petitioner submits that averment in para no. 5 of the petition the share of the petitioner is required to be corrected as 1/3rd share. Advocate for the

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3 TP 9 of 2024

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petitioner request permission to carry out the correction in para no.5 of the petition with resepct to the share of the petitioner and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction and upload the corrected version forthwith. Reverification is dispensed with.

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Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/3rd 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 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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4 TP 9 of 2024

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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 10.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 14.02.2024 for proving General Notice filed through e-filing and Administration Bond dated 17.02.2024 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 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.

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5 TP 9 of 2024

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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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ksa/rvr

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Kishore Vishweshwar Dange v. Vishweshwar Shamrao Dange (Deceased)

Case brief

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Kishore Vishweshwar Dange v. Vishweshwar Shamrao Dange (Deceased)

Case brief

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What did the court decide?

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