Allowed

Harishkumar Liladhar Vyas v. Liladhar Kundanmal Vyas (Deceased)

Bombay HC29 Jan 2024TP/260/2024

Case brief

AI extract

What is this about?

Petition for succession certificate over the debts of an intestate deceased. Other sons consented; general notice issued; compliance shown. Registrar allowed the petition and granted the succession certificate subject to office verification of any cross petition.

What did the court decide?

Succession certificate granted for debts listed in Schedule-1, subject to verification and filing of account under Administration Bond.

Harishkumar Liladhar Vyas vs Liladhar Kundanmal… — Succession and Inheritance | Bombay HC (2024)

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1 TP 260 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR^nd May’2024

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Sr. No. 30 – TP 260 of 2024

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Ms. Shital Mishra, Advocate i/b. Shivanand Mishra 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 debts belonging to the deceased viz. Liladhar Kundanmal Vyas who died at Mumbai on 28.04.2021. 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 304, Ila Apartment, Plot No. 128, Sector No. 4, Charkp, Kandivali (West), Mumbai 400067 and left movable and immovable property within Greater Bombay and in the State of Maharashtra.

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Advocate for petitioner submits that the 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 260 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 of the deceased and wife of the deceased pre deceased the deceased.

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Advocate for petitioner submits that the deceased left behind him three sons viz. Jugalkishor Liladhar Vyas (son of the deceased), Harishkumar Liladhar Vyas (son of the deceased/petitioner herein) and Dilipkumar Liladhar Vyas (son 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 Jugalkishor Liladhar Vyas and Dilipkumar Liladhar Vyas had given their consent for issuance of succession certificate in favour of Harishkumar Liladhar Vyas.

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The consent affidavits are annexed to the petition at page no. 15 to 20.

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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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3 TP 260 of 2024

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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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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 29.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 15.04.2024 for proving General Notice filed through

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4 TP 260 of 2024

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e-filing and Administration Bond dated 21.03.2024 filed through e-filing. The original Administration Bond and Affidavit of Service is taken on record.

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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 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 debts 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

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ksa/rvr

Harishkumar Liladhar Vyas v. Liladhar Kundanmal Vyas (Deceased)

Case brief

What is this about?

What did the court decide?

Harishkumar Liladhar Vyas v. Liladhar Kundanmal Vyas (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

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