Allowed

Venkata Sureshkumar Kakarla v. Late Basavaiah Punnaiah Kakarla Sinces Deceased

Bombay HC27 Sept 2024TP/3576/2024

Case brief

AI extract

What is this about?

Petition under testamentary jurisdiction seeking a succession certificate for securities of a deceased who died intestate at Mumbai. Other legal heirs consented. Compliance was found complete and the certificate was granted to the petitioner.

What the court decided

AI extract

Venkata Sureshkumar Kakarla vs Late Basavaiah… — Succession and Inheritance | Bombay HC (2024)

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1 TP 3576 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 16th October’2024.

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Sr. No. 1 – TP/3576/2024 (ECHCBM02116232024) Ms. Sujata Babar, 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. BASAVAIAH PUNNAIAH KAKARLA, who died at Mumbai on 27.03.1998. 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.2, 10th Floor, A Wing, Avanti Apartment, 17/ A, Flank Road, Near Gandhi Market, King's Circle, Sion, Mumbai - 400 022 and has left property in Mumbai, 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 3576 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.

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Advocate for petitioner submits that the deceased left behind him widow, married daughter and son viz. (1) Mahalakshmi Basavaiah Kakarla (widow of the deceased), (2) Vani Satish Prasad (married daughter of the deceased), (3)Venkata Sesha Ravi Kakarla (son of the deceased) (4) Venkata Sureshkumar Kakarla (son of the deceased/petitioner herein). 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 Mahalakshmi Basavaiah Kakarla, Vani Satish Prasad, Venkata Sesha Ravi Kakarla had given their consent for issuance of succession certificate in favour of Venkata Sureshkumar Kakarla.

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The consent affidavits of Mahalakshmi Basavaiah Kakarla and Venkata Sesha Ravi Kakarla are annexed as page no. 16 to 21. The consent affidavit of Vani Satish Prasad is annexed separately to the petition.

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3 TP 3576 of 2024

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Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/4th 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 26.07.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 09.08.2024 for proving General Notice filed

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4 TP 3576 of 2024

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through e-filing and Administration Bond dated 23.08.2024 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 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

Venkata Sureshkumar Kakarla v. Late Basavaiah Punnaiah Kakarla Sinces Deceased

Case brief

What is this about?

What the court decided

Venkata Sureshkumar Kakarla v. Late Basavaiah Punnaiah Kakarla Sinces Deceased

Case brief

What is this about?

What the court decided

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