Allowed

Manisha Jarnail Singh Malhi v. Jarnail Singh Malhi (Deceased)

Bombay HC4 Sept 2024TP/2977/2024

Case brief

AI extract

What is this about?

The Company Registrar allowed a petition for a succession certificate in respect of securities belonging to Gp. Capt. Jarnail Singh Malhi who died intestate. The petitioner's wife was granted the certificate pending verification of transactions and filing of accounts via Administration Bond.

What did the court decide?

Succession certificate granted to petitioner for securities listed in Schedule-1 in prescribed format, subject to verification and account filing.

Manisha Jarnail Singh Malhi vs Jarnail Singh Malhi… — Succession and Inheritance | Bombay HC (2024)

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1 TP 2977 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 4th September’2024.

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Sr. No. 36 - TP/2977/2024 (ECHCBM02000902024)

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Mr. Shailesh Salvi, Advocate i/b. Radhika Warerkar 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. Gp. Capt. Jarnail Singh Malhi who died at Hoshiarpur, Punjab State on 23.07.2021. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “B” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at "B - 601, Powai Jal Vayu Vihar - Sector 'A' Co-operative Housing Society Ltd., Near Hiranandani Gardens, Ridge Road, Powai, Mumbai - 400076", and/or 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 2977 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 mother of the deceased viz. Gurbachan Kaur predeceased the deceased in 1965.

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Advocate for petitioner submits that the deceased left behind him wife daughter and son viz. Manisha Jarnail Singh Malhi (wife of the deceased/petitioner herein), Ishita Malhi (daughter of the deceased), Ishaan Singh Malhi (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 Ishita Malhi and shaan Singh Malhi had given their consent for issuance of succession certificate in favour of Manisha Jarnail Singh Malhi.

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The consent affidavits are annexed as page no. 41 to 44.

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Advocate for Petitioner submits that being the wife

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of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.

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3 TP 2977 of 2024

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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 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 08.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 26.08.2024 also filed through e-filing.

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4 TP 2977 of 2024

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Advocate for the petitioner undertakes to upload the Affidavit of service and Administration Bond. The said undertaking is accepted.

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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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Office to issue grant as soon as the Advocate for the petitioner upload the Affidavit of Service and Administration Bond.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Manisha Jarnail Singh Malhi v. Jarnail Singh Malhi (Deceased)

Case brief

What is this about?

What did the court decide?

Manisha Jarnail Singh Malhi v. Jarnail Singh Malhi (Deceased)

Case brief

What is this about?

What did the court decide?

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