Allowed

Surendrakumar Chimanlal Banga v. Anilkumar Chimanlal Banga and Manjula Anil Banga(Deceased)

Bombay HC10 Jul 2024TP/2375/2024

Case brief

AI extract

What is this about?

Petition for succession certificate for debts of two deceased intestates who died issueless. Petitioner, their brother, claimed one-fourth share; other siblings consented. Delay condoned; general notice served and administration bond filed. Petition allowed.

What did the court decide?

Succession Certificate granted to petitioner for debts shown in Schedule-1, subject to office verifying no cross petition/resisting affidavit.

Surendrakumar Chimanlal Banga vs Anilkumar… — Succession and Inheritance | Bombay HC (2024)

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1 TP 2375 of 2024

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BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th August’’2024

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Sr. No. – 1 – TP/2375/2024

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Mr. Prabhakr Manohar Jadhav, Advocate for the petitioner.

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1 . Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Debts belonging to the deceased no. (1) viz. Anilkumar Chimanlal Banga who died at Mumbai on 25.02.2011. 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 no. (2) viz. Manjula Anil Banga alias Manjula Anilkumar Banga who died at Mumbai on 15.12.2017. 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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2 . Advocate for petitioner submits that both the said deceased ordinarily resided at 15/2, Krishna Niwas 281, Shahid Bhagat Singh Road, Fort, Mumbai – 400001 and/or left property within Greater Bombay and in the State of Maharashtra.

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3 . 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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4 . Advocate for petitioner submits that the legal heirs left behind by both the deceased surviving as their only

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heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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5 . Advocate for the petitioner submits that the parents of the deceased No. 1 predeceased the deceased. Both the deceased died issueless.

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Advocate for the petitioner submits that he may be permitted to carry out averment in para no. 5 to the petition with respect to ‘the deceased died issueles’ and replace the word ‘brothers’ in place of ‘sons’ and replace the word ‘sisters’ in place of ‘daughters’. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out avernment in para no. 5 forthwith. Reverification is dispensed with.

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Advocate for petitioner submits that both the deceased left behind them brothers and sister viz. (1) Surendrakumar Chimanlal Banga (brother of the deceased/petitioner herein) (2) Kamalkumar Chimanlal Banga (brother of the deceased) (3) Ashokkumar Chimanlal Banga (brother of the deceased) and Veena Sudarshan Sethi (sister 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. 5 of the petition.

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Advocate for petitioner submits that Kamalkumar Chimanlal Banga, Ashokkumar Chimanlal Banga and Veena Sudarshan Sethi had given their consent for issuance of succession certificate in favour of Surendrakumar Chimanlal Banga.

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The consent affidavits are annexed as page no. 13 to 21.

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6 . Advocate for Petitioner submits that being the brother of deceased claims to be entitled for 1/4th share in the estate left by the deceased.

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7 . 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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8 . 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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9 . 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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10 . 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

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property in favour of the Legal heirs. In view thereof, delay is condoned.

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11 . Advocate for the petitioner submits that the General Notice was issued on 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service through Bailiff, Deputy Sheriff of Mumbai dated 13.06.2024 for proving General Notice and Administration Bond dated 09.07.2024 also filed through e-filing. The original Administration Bond and Affidavit of Service is taken on record.

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Advocate for the petitioner submits that the date of lodging of the petition is wrongly mentioned in the Administration Bond. Advocate for the petitioner submits that he may be permitted to carry out correction with respect to date of lodging of the petition in the Administration Bond. He request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction with respect to date of the lodging of the petition in the Administration Bond forthwith. Reverification is dispensed with.

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12 . This petition is filed for grant of Succession Certificate in respect to the debts 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

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allowed, as prayed for. Hence, following order :

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ORDER

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1 ) Petition is allowed and the Succession Certificate be granted to the petitioner for certain debts left by the deceased and shown in the schedule, in prescribed format. 2 ) 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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3 ) 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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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Surendrakumar Chimanlal Banga v. Anilkumar Chimanlal Banga and Manjula Anil Banga(Deceased)

Case brief

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Surendrakumar Chimanlal Banga v. Anilkumar Chimanlal Banga and Manjula Anil Banga(Deceased)

Case brief

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What did the court decide?

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