Allowed

Mugdha Naresh Pandit v. Naresh Madhusudan Pandit (Deceased)

Bombay HC15 Apr 2024TP/261/2024

Case brief

AI extract

What is this about?

The testamentary registrar allowed a petition for a succession certificate regarding securities left by a deceased intestate. The certificate was granted to the petitioner, the deceased's wife, after verifying the claims of heirs and absence of probate applications.

What did the court decide?

Succession Certificate granted to the petitioner for certain securities left by the deceased.

Mugdha Naresh Pandit vs Naresh Madhusudan Pandit… — Succession and Inheritance | Bombay HC (2024)

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1 TP 261 of 2024

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

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DATE : 19^th April’2024.

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Sr. No. 8 - TP 261 of 2024

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Mr. Santosh Chodankar, Advocate for the petitioner

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Called for direction

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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. Naresh Madhusudan Pandit who died at Mumbai on 31.03.2018. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed as page no. ‘6A” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at D-7 Lavankush CHSL, Near Charkop Bus Deport, Sector 5, Kandivali (West), Mumbai 400 067 and left property within Greater Mumbai and in the State of Maharashtra.

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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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2 TP 261 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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5. Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

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Advocate for petitioner submits that the deceased left behind him wife and two sons viz. Mugdha Naresh Pandit (wife of the deceased/petitioner herein), Kunal Naresh Pandit (son of the deceased) and Harshvardhan Naresh Pandit (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 Kunal Naresh Pandit and Harshvardhan Naresh Pandit had given their consent for issuance of succession certificate in favour of Mugdha Naresh Pandit. The consent affidavits are annexed as page no. 7 to 12.

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Advocate for Petitioner submits that being the widow of deceased claims to be entitled for 1/3rd 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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3 TP 261 of 2024

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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 through Bailiff Office of Deputy Sheriff of Mumbai dated 219.03.2024 for proving General Notice filed through e- filing and Administration Bond dated 18.04.2024 also filed through e-filing. The original Administration Bond is taken on record.

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Advocate for the petitioner submits that he may be permitted to carry out correction in the Administration

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4 TP 261 of 2024

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Bond with respect to the date of lodging of the petition is not mentioned and reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to carry out the correction in the Administration Bond forthwith and reverification is dispensed with.

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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 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

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ksa/rvr

Mugdha Naresh Pandit v. Naresh Madhusudan Pandit (Deceased)

Case brief

What is this about?

What did the court decide?

Mugdha Naresh Pandit v. Naresh Madhusudan Pandit (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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