Allowed

Vasant Hansraj Kapadia v. Ansuya Jamnadas Jakkad Alias Ansuya Jamnadas Jakkad ( Deceased)

Bombay HC3 May 2024TP/2409/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of a deceased woman who died intestate and unmarried. Her sister, the sole surviving heir, sought the grant; delay in filing was condoned, compliances were verified, and the certificate was granted.

What did the court decide?

Succession certificate granted to petitioner for securities in the schedule, subject to office verification and administration bond compliance.

Vasant Hansraj Kapadia vs Ansuya Jamnadas Jakkad… — Succession and Inheritance | Bombay HC (2024)

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1 TP 2409 OF 2024

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

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DATE : 31st July’2024

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Sr. No. – 22 -TP/2409/2024 (ECHCBM02223942023)

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Mr. C. M. Lokesh, Advocate for the petitioner.

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Called for Compliance

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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. Ansuya Jamnadas Jakad, who died at Mumbai on 01.10.2009. 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 20/5, 5th Floor Mangesh Shenny Street, Fort, Mumbai- 400001 and left properties throughout State of Maharashtra and elsewhere 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 her only heirs

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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 predeceased the deceased. The deceased died spinster. The brother of the deceased viz. Pravin Jamnadas Jakad alias Jakkad died on 01.05.1968. Copy of the death certificate is annexed as Exhibit “B” to the petition

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Advocate for petitioner submits that the deceased left behind her only sister viz. Vasant Hansraj Kapadia. 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 only sister of deceased claims to be entitled for entire 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

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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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 10.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 10.06.2024 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 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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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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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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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Vasant Hansraj Kapadia v. Ansuya Jamnadas Jakkad Alias Ansuya Jamnadas Jakkad ( Deceased)

Case brief

What is this about?

What did the court decide?

Vasant Hansraj Kapadia v. Ansuya Jamnadas Jakkad Alias Ansuya Jamnadas Jakkad ( Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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