Allowed

Parag Jitendra Dalal v. Late Hasumati Jitendra Dalal (Deceased)

Bombay HC5 Oct 2024TP/3550/2024

Case brief

AI extract

What is this about?

Son sought succession certificate for equity shares and Demat account credits of his mother who died intestate; daughter consented by affidavit. Court found compliance made and facts unchallenged.

What did the court decide?

Succession certificate granted to petitioner for securities in Schedule-1, subject to office verification and filing of accounts under the Administration Bond.

Parag Jitendra Dalal vs Late Hasumati Jitendra… — Succession and Inheritance | Bombay HC (2024)

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1 TP 3550 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 8th October’2024.

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Sr. No. 2- TP/3550/2024 (ECHCBM02121122024)

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Ms. Kinjal Shah, 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. Hasumati Jitendra Dalal, who died at Mumbai on 14.09.2022. 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. 201, Siddhi Vallabhnagar Society, Plot No. 41, N.S. Road No.3, Juhu Scheme, Vile Parle (West) GR Mumbai, Mumbai Suburban, Mumbai- 400056 and/or left movable property i.e. equity shares and credit lying in Demat Account in Mumbai and in State of Maharashtra.

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2 TP 3550 of 2024

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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. Jitendra Ambalal Dalal died on 10.11.2009. Copy of the death certificate is annexed as Exhibit “B” to the petition.

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Advocate for petitioner submits that the deceased left behind her son and married daughter viz. Parag Jitendra Dalal (son of the deceased/petitioner herein) and Sonal Bharat Shah (married daughter 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 Sonal Bharat Shah had given her consent for issuance of succession certificate in favour of Parag Jitendra Dalal.

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The consent affidavits are annexed as page no. 23 to 26.

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3 TP 3550 of 2024

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Advocate for Petitioner submits that being the son 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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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 the General Notice was issued on 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 14.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 13.08.2024 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

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4 TP 3550 of 2024

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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

Parag Jitendra Dalal v. Late Hasumati Jitendra Dalal (Deceased)

Case brief

What is this about?

What did the court decide?

Parag Jitendra Dalal v. Late Hasumati Jitendra Dalal (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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