Allowed

Mr Deepak Amratlal Shah Aka Deepak Amrutlal Doshi v. Mrs Taraben Amratlal Shah

Bombay HC26 Jul 2024TP/2884/2024

Case brief

AI extract

What is this about?

Petition for succession certificate in respect of securities of Taraben Amratlal Shah, who died intestate at Mumbai. All legal heirs consented to the certificate being issued to the son-petitioner. Delay condoned, identification proof dispensed with; petition allowed.

What did the court decide?

Succession Certificate granted to petitioner for securities listed in Schedule-1, subject to verification of cross-petitions and filing of account under Administration Bond.

Mr Deepak Amratlal Shah Aka Deepak Amrutlal Doshi… — Succession and Inheritance | Bombay HC (2024)

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1 TP 2884 of 2024

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

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DATE : 18th October’2024.

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Sr. No.10-TP/2884/2024 (ECHCBM02169932023)

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Ms. Shivangi Selarka, 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. Taraben Amratlal Shahwho died at Mumbai on 24.12.1997. Copy of death certificate is annexed at Exhibit -‘A’ to the petition.

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Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 19.10.2023 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 proof of the deceased is annexed as Exhibit “A1”to the petition.

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2 TP 2884 of 2024

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Advocate for petitioner submits that the said deceased ordinarily resided at 1 A l4 Kailas Apartment, Swami Vivekanand Road, Opposite Shastri Nagar, Borivali West, Mumbai — 400092, Maharashtra, India and/or left moveable properties within Greater Bombay and in the State of Maharashtra, and elsewhere in India.

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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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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 husband of the deceased viz. Amratlal shah expired on 16.2.2002.

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Advocate for petitioner submits that the deceased left behind her sons and daughters viz. (1) Vinodrai Amratlal Shah (son of the deceased ), (2) Dinesh Amratlal Shah (son of the deceased), (3) Pravin Amratlal Shah aka Pravin Amratlal Doshi (4) Subhash Amratlal Shah (son of the deceased), (5) Deepak Amratlal Shah (son of the deceased/petitioner herein), (6) Saroj Jitendra Shah (daughter of the deceased) , (7) Chandrika Raman Shah (daughter of the deceased). Save and except there are no

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3 TP 2884 of 2024

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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 Vinodrai Amratlal Shah, Dinesh Amratlal Shah, Pravin Amratlal Shah , Pravin Amratlal Doshi, Subhash Amratlal Shah, Saroj Jitendra Shah and Chandrika Raman Shah had given their consent for issuance of succession certificate in favour of Deepak Amratlal Shah.

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The consent affidavits are annexed as page no. 12 to 23.

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Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/7th 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

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4 TP 2884 of 2024

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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 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 06.03.2024 for proving General Notice filed through e-filing and Administration Bond dated 19.09.2024 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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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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5 TP 2884 of 2024

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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

Mr Deepak Amratlal Shah Aka Deepak Amrutlal Doshi v. Mrs Taraben Amratlal Shah

Case brief

What is this about?

What did the court decide?

Mr Deepak Amratlal Shah Aka Deepak Amrutlal Doshi v. Mrs Taraben Amratlal Shah

Case brief

What is this about?

What did the court decide?

What the court decided

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