The Testamentary Registrar granted a succession certificate for securities of the deceased, condoning delay and dispensing with identification proof. Consent of other legal heirs was recorded.
Succession Certificate granted for securities listed in Schedule-1 in prescribed format.
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BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
DATE : 31st July’2024
Sr. No. – 24 -TP/2417/2024 (ECHCBM02227872023)
Ms. Jyoti Badgujar, Advocate for the petitioner.
Called for Compliance
Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 04.12.2023 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification
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proof of the deceased is annexed as Exhibit ‘B’ to the petition.
Advocate for petitioner submits that the deceased left behind him three sons viz. Vijay Vanmalidas Bhuta (son of the deceased/petitioner herein), Dipak Vanmalidas Bhuta (son of the deceased) and Ashok Vanmalidas Bhuta (son of
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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.
Advocate for petitioner submits that Dipak Vanmalidas Bhuta and Ashok Vanmalidas Bhuta had given their consent for issuance of succession certificate in favour of Vijay Vanmalidas Bhuta.
The consent affidavits dated 12.07.2024 and 09.07.2024 are annexed separately to the petition.
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ORDER
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
2 issues framed by the court
Whether a succession certificate should be granted for securities of the deceased intestate?
Whether the delay in filing the petition should be condoned?
2 provisions across 2 enactments
Vijay Vanmalidas Bhuta
Dipak Vanmalidas Bhuta
Ashok Vanmalidas Bhuta
R.V. Rane
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
