Allowed

Dnyanesh Vijay Ajgaonkar v. Shreedhar Shantaram Ajgaonkar Alias Shridhar Shantaram Ajgaonkar Alias S S Ajgaonkar(Deceased)

Bombay HC7 Aug 2024TP/2724/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of Shreedhar Shantaram Ajgaonkar, deceased intestate at Mumbai in 1994. Petitioner, grandson of the deceased, claimed entitlement with consent affidavit from co-heir. Delay condoned, compliance verified.

What did the court decide?

Succession Certificate granted to petitioner for securities shown in Schedule-1, subject to office verification and filing of account per Administration Bond.

Dnyanesh Vijay Ajgaonkar vs Shreedhar Shantaram… — Succession and Inheritance | Bombay HC (2024)

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1 TP 2724 of 2024

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BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 7th August’’2024

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Sr. No. – 38 – TP 2724 of 2024 (ECHCBM02033332024)

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Ms. Seema Hunnurkar, Advocate for the petitioner.

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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. Shreedhar Shantaram Ajgaonkar alias Shridhar Shantaram Ajgaonkar alias S. S. Ajgaonkar, who died at Mumbai on 12.06.1994. 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 Shree Lalita, Juhu Tara Road, Mumbai - 400049 and left property within Greater Bombay 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 2724 of 2024

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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs 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 wife of the deceased viz. Lalitabai Shreedhar Ajgaonkar died on 07/06/ 1952. Copy of the death certificate is annexed as Exhibit “B” to the petition.

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Advocate for the petitioner submits that The one of the daughter of said Vijay Shreedhar Ajgaonkar, namely Vatsala Rajendra Suvanam alias Vatsala Vijay Ajgaonkar died on 10.10.2006. Copy of the death certificate is annexed as Exhibit “E” to the petition.

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Advocate for petitioner submits that the deceased left behind him son viz. Vijay Shreedhar Ajgaonkar died on 11.08.2020 and wife viz. Neelima Vijay Ajgaonkar died on 12.01.2013. Copy of the death certificate is annexed as Exhibit “C” and “D” respectively to the petition. They left behind them one daughter and one son viz. (1A) Dnyanesh Vijay Ajgaonkar (grandson of the deceased/son of deceased son) and (1B) Madhavi Manoj Mistry alias Madhavi Vijay Ajgaonkar (married grand daughter of the deceased/married daughter of deceased son). Save and except there are no other legal heirs and next of kind left by

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3 TP 2724 of 2024

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the deceased, which is mentioned at para no. 4 of the petition.

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Advocate for petitioner submits that Madhavi Manoj Mistry alias Madhavi Vijay Ajgaonkar had given their consent for issuance of succession certificate in favour of Dnyanesh Vijay Ajgaonkar.

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The consent affidavit of Madhavi Manoj Mistry alias Madhavi Vijay Ajgaonkar is annexed separately to the petition.

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Advocate for Petitioner submits that being the grandson of deceased claims to be entitled for 1/2 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 deceased or for letters of administration with or without the Will for annexed to their property and credits.

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4 TP 2724 of 2024

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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 15.06.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 06.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 16.07.2024 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 allowed, as prayed for. Hence, following order :

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5 TP 2724 of 2024

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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

Dnyanesh Vijay Ajgaonkar v. Shreedhar Shantaram Ajgaonkar Alias Shridhar Shantaram Ajgaonkar Alias S S Ajgaonkar(Deceased)

Case brief

What is this about?

What did the court decide?

Dnyanesh Vijay Ajgaonkar v. Shreedhar Shantaram Ajgaonkar Alias Shridhar Shantaram Ajgaonkar Alias S S Ajgaonkar(Deceased)

Case brief

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What did the court decide?

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