Allowed

Vivek Gupta So Late Rakesh Madan Mohan v. Rakesh Madan Mohan (Deceased)

Bombay HC7 Oct 2024TP/3673/2024

Case brief

AI extract

What is this about?

Petition by the deceased's only son for a succession certificate in respect of securities left by his father, who died intestate at Mumbai. With compliance complete and unchallenged facts on oath, the Registrar allowed the petition and granted the succession certificate.

What did the court decide?

Succession Certificate granted to petitioner for securities shown in Schedule-1, after name correction and office verification.

Vivek Gupta So Late Rakesh Madan Mohan vs Rakesh… — Succession and Inheritance | Bombay HC (2024)

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1 TP 3673 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th October’2024.

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Sr. No.17-TP/3673/2024 (ECHCBM02195362023)

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Mr. D. G. Tripathi, Advocate for the petitioner. For Compliance

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It has been observed that in para no. 1 of the petition the spelling of the name of the deceased is wrongly mentioned as “RAKEHS MADAN MOHAN” which should be corrected as “RAKESH MADAN MOHAN”. Advocate for the petitioner submits that he may be permitted to carry out correction in para no.1 of the petition with respect to the name of the deceased. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 1 of the petition with respect to the name of the deceased. He will upload the corrected version. Reverification is dispensed with.

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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. RAKESH MADAN MOHAN who died at Mumbai on 09.08.2022. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of

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2 TP 3673 of 2024

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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 1004, Samartha Ashish CHS, PL Deshpande Marg, Andheri West), Mumbai - 400102 and left property viz. securities within Greater Mumbai, 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 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. The wife of the deceased viz. Ashalata died on 03.07.1992. Copy of the death certificate is annexed as Exhibit “A-2”.

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Advocate for petitioner submits that the deceased left behind him son viz. Vivek Gupta (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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3 TP 3673 of 2024

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Advocate for Petitioner submits that being the only son of deceased claims to be entitled for 100% 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 05.09.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service through Bailiff, Deputy Sheriff of Mumbai dated 2 6.09.2024 for proving General Notice.

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Pursuant to order dated 28.02.2023 passed by Hon’ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters

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4 TP 3673 of 2024

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for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon’ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

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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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Office to issue grant as soon as advocate for the petitioner carry out correction in para no. 1 of the petition and upload the corrected version.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Vivek Gupta So Late Rakesh Madan Mohan v. Rakesh Madan Mohan (Deceased)

Case brief

What is this about?

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Vivek Gupta So Late Rakesh Madan Mohan v. Rakesh Madan Mohan (Deceased)

Case brief

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What did the court decide?

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