Allowed

Alice Henry Dmello v. Josephine Albert Noronha

Bombay HC9 Sept 2024TP/2935/2024

Case brief

AI extract

What is this about?

Petition for succession certificate over debts and securities of a deceased intestate. Other legal heirs consented to the grant in the petitioner's favour, delay in filing was condoned and compliance affidavits were accepted.

What did the court decide?

Succession certificate granted for debts and securities in the schedule; delay in filing condoned; administration bond endorsement subject to departmental satisfaction.

Alice Henry Dmello vs Josephine Albert Noronha — Succession and Inheritance | Bombay HC (2024)

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1 TP 2935 of 2024

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

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DATE : 16th October’2024.

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Sr. No. 21-TP/2935/2024 (ECHCBM02082932024)

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Ms. Gauri Deshpande, Advocate i/b. Flavia Legal for the petitioner.

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For Compliance

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Pursuant to the direction issued in order dated 19.09.2024 Advocate for the petitioner has filed affidavit dated 23.09.2024 mentioning that Josephine and Dujephin are one and the same. The affidavit dated 23.09.2024 is accepted.

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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 and securities belonging to the deceased viz. Josephine Albert Noronha who died at Hill House, Parpale, Doopadakatte Post Karkala Taluk, Nitte Udupi 574110 on 23.01.2016. 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 Flat No. 202, 2nd Floor, ' Udaygiri' Modern Usha Colony Co-operative Housing

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2 TP 2935 of 2024

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Society Ltd., Evershine Nagar, Malad West, Mumbai - 400064 and/or 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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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Indian Succession Act, 1925 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 predeceased the deceased.

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Advocate for petitioner submits that the deceased left behind her viz. (1) Alice Henry D’Mello (daughter of the deceased/petitioner herein), (2) Philomena Albert Noronha (daughter of the deceased) (3) Victor Albert Noronha (son of the deceased), (4) Anthony Ronald Albert Noronha (son of the deceased), (5) Juvanna walter Mathias (daughter of the deceased) and (6) Peter Albert Noronha (son of the deceased) died is expired leaving behind (6a) Gladyes Arahna (daughter in law of the deceased/wife of deceased son), (6b) David Roshan Noronha (grandson of the deceased/son of deceased son), (6c) Rohan Peter Noronha

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3 TP 2935 of 2024

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(grandson of the deceased/son of the deceased son). 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 Philomena Albert Noronha , Victor Albert Noronha , Anthony Ronald Albert Noronha , Juvanna walter Mathias , Gladyes Arahna , David Roshan Noronha , Rohan Peter Noronha had given their consent for issuance of succession certificate in favour of Alice Henry D’Mello.

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The consent affidavits are annexed as page no. 23 to 58.

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Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/6th 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

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4 TP 2935 of 2024

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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 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 07.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 17.08.2024 also filed through e-filing.

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This petition is filed for grant of Succession Certificate in respect to the debts and 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,

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5 TP 2935 of 2024

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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 and 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

Alice Henry Dmello v. Josephine Albert Noronha

Case brief

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Alice Henry Dmello v. Josephine Albert Noronha

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