Allowed

Nachiket Somnath Parab v. Balkrishna Janardan Joshi (Deceased)

Bombay HC10 Jul 2024TP/2385/2024

Case brief

AI extract

What is this about?

The Company Registrar allowed a petition for a Succession Certificate regarding securities left by a deceased Hindu male. The court accepted the petitioner as the sole grandson and Class-I heir, condoned the filing delay, and dispensed with the Administration Bond per previous judicial directions. The certificate was granted in the prescribed format.

What did the court decide?

Succession Certificate granted to the petitioner for certain securities of the deceased in the prescribed format.

Nachiket Somnath Parab vs Balkrishna Janardan… — Succession and Inheritance | Bombay HC (2024)

¶1

1 TP 2384 of 2024

¶2

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

¶3

DATE : 29^th July’2024

¶4

Sr. No. – 38- TP/2385/2024

¶5

Ms. Suverna Rajeshirke, Advocate for the petitioner. Called for Compliance

¶6

Advocate for the petitioner is directed to correct the cause title of the petition as the petition is filed only for securities. Advocate for the petitioner has to verify whether petition is for debts and securities or for properties then it will not be listed before me. Advocate for the petitioner submits that she may be permitted to carry out correction in the cause title as well as prayer clause of the petition where it is mentioned as property, debts and securities. Advocate for the petitioner request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction in cause title as well as prayer clause of the petition forthwith. Reverification is dispensed with.

¶7

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. Balkrishna Janardan Joshi, son of Janardan Joshi who died at Mumbai on 19.08.2011. Copy of death certificate is annexed at Exhibit -‘A’ to the

¶8

2 TP 2384 of 2024

¶9

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

¶10

Advocate for petitioner submits that the said deceased ordinarily resided at B-13, Suprabhat Apts. Dnyan Mandir Road, Dadar (West), Mumbai – 400028 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

¶11

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.

¶12

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.

¶13

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

¶14

Advocate for the petitioner submits that the wife of the deceased viz. Pramila Balkrishna Joshi died on 30.12.2012. Copy of the death certificate is annexed as Exhibit “B” to the petition.

¶15

Advocate for the petitioner submits that daughter of the deceased viz. Sucheta Smonath Parab (nee Usha Balkrishna Joshi) died on 30.04.1996. Copy of the death certificate is annexed as Exhibit “C” to the petition.

¶16

3 TP 2384 of 2024

¶17

Advocate for the petitioner submits that the husband of the deceased daughter viz Somnath Gangaram Parab (son in law of the deceased/ father of the petitioner) remarried to Swati Somnath Parab on 07.05.1999. Hence he does not fall within the ambit of section 8 of Hindu Succession Act, 1956.

¶18

Advocate for petitioner submits that the deceased left behind him only grandson viz. Nachiket Somnath Parab (grand son of the deceased/son of deceased 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.

¶19

Advocate for Petitioner submits that being the only grandson of deceased claims to be entitled for entire share in the estate left by the deceased.

¶20

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.

¶21

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.

¶22

4 TP 2384 of 2024

¶23

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.

¶24

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.

¶25

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 dated 20.06.2024 for proving General Notice filed through e-filing.

¶26

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 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.

¶27

This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in

¶28

5 TP 2384 of 2024

¶29

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 :

¶30

ORDER

¶31

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.

¶32

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

¶33

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Nachiket Somnath Parab v. Balkrishna Janardan Joshi (Deceased)

Case brief

What is this about?

What did the court decide?

Nachiket Somnath Parab v. Balkrishna Janardan Joshi (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

Sushila Sharma vs Bal Krishna Sharma (Deceased)

Hemlata Bhavanishankar Vora and 2 Ors. vs Bhavanishankar Dharamdutt Vora @ Bharatkumar Dharamdutt Vora(Deceased)

Vijay Dhondu Bhadwalkar vs Vasanti Vange Alias Vasanti Sajana Vange (Deceased)

Hema Mehta vs Hemant Mukund Mehta

Vijay Vanmalidas Bhuta vs Vanmalidas Gopalji Bhuta

Smita Prakash Shirke vs Savitri Mahadeo Vichare (Deceased)