Allowed

Rajeshwari Gangaram Bale v. Gangaram Gangayya Bale

Bombay HC15 Jun 2024TP/2821/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of a deceased who died intestate at Mumbai in 2018. Widow petitioner claimed entitlement with consents of other heirs; delay condoned and compliance verified.

What did the court decide?

Succession Certificate granted to petitioner for securities listed in the schedule, subject to office verification and filing of account per Administration Bond.

Rajeshwari Gangaram Bale vs Gangaram Gangayya Bale — Succession and Inheritance | Bombay HC (2024)

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1 TP 2821 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE :30th September’2024.

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Sr. No. 32- TP/2821/2024 (ECHCBM02223822023) Mr. R. T. Kharwar, 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. Gangaram Gangayya Bale alias Gangaram G. Bale, who died at Mumbai on 25.07.2018. 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 27/532 & 35/681 Samata Nagar, Kandivali (East) Mumbai-400101, left property within Greater Mumbai 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 2821 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 predeceased the deceased. The wife of the deceased predeceased the deceased.

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Advocate for petitioner submits that the deceased left behind him widow and son, daughter in law and grand daughter viz. (1) Rajeshwari Gangaram Bale (widow of the deceased/petitioner herein), (2) Ram Gangaram Bale (son of the deceased) died on 04.05.2021 leaving behind him (2a) Swati Ram Bale (daughter in law of the deceased/wife of deceased son) , (2b) Vidya Ram Bale (grand daughter of the deceased/daughter of deceased son), (2c) Shruthi Ram Bale (grand daughter of the deceased/daughter of deceased son). (3) Laxman Gangaram Bale (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 Swati Ram Bale , Vidya Ram Bale , Shruthi Ram Bale and Laxman Gangaram Bale had given their consent for issuance of succession certificate in favour of Rajeshwari Gangaram Bale.

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The consent affidavits are annexed as page no. 29 to 31.

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3 TP 2821 of 2024

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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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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 15.06.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service

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4 TP 2821 of 2024

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dated 15.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 24.09.2024 also filed through e-filing. The Original Administration Bond is taken on record.

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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

Rajeshwari Gangaram Bale v. Gangaram Gangayya Bale

Case brief

What is this about?

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Rajeshwari Gangaram Bale v. Gangaram Gangayya Bale

Case brief

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What did the court decide?

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