Allowed

Rajan Omprakash Sehgal v. Pushpavati Omprakash Sehgal alias Sehgal Pushpawati (Deceased)

Bombay HC5 Oct 2024TP/4387/2024

Case brief

AI extract

What is this about?

Petitioner sought a Succession Certificate regarding debts of his mother, Pushpavati Omprakash Sehgal, who died intestate. The court found no impediment and issued the certificate, pending verification of cross-petitions and filing of accounts.

What did the court decide?

Succession Certificate granted to the petitioner for debts left by the deceased.

Rajan Omprakash Sehgal vs Pushpavati Omprakash… — Succession and Inheritance | Bombay HC (2024)

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

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DATE : 21st November’2024.

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Sr. No 36-TP/4387/2024 (AMH20210053261C202400014)

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Mr. Jayant Wani i/b. Seema Hunnurkar, 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 debts belonging to the deceased viz. Pushpavati Omprakash Sehgal alias Sehgal Pushpawati who died at Mumbai on 29th day of January, 2008. 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 1/6, Mitra Kunj, 16, Peddar Road, Mumbai – 400026 and left property within Greater Bombay, 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 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 husband of the deceased viz. Omprakash Kishorechand Sehgal died on 10.08.2003. Copy of the death certificate is annexed as Exhibit “B”.

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Advocate for petitioner submits that the deceased left behind him married daughters and son viz. (1) Rajan Omprakash Sehgal (son of the deceased/petitioner herein),

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(2) Usha Kamlesh Kapur (married daughter of the deceased),

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(3) Radhika Rarnesh Nanda (married daughter of the deceased),

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(4) Kavita Janak Raj Mehra nee Sunita Omprakash Sehgal (married daughter of the deceased) died on 8.5.2020. Copy of the death certificate is annexed as Exhibit “C”. She left behind her (4A) Janak Raj Mehra (son in law of the deceased/husband of deceased daughter), (4B) Niharika Janak Mehra (grand daughter of the deceased/daughter of deceased daughter), (4C) Nitika Vikas Kapoor (married grand daughter of the deceased/married daughter of deceased daughter), (4D) Tanya Rohit Yadav (married grand daughter of the deceased/married daughter of the deceased daughter),

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(5) Rashmi Ram Nanda (married daughter of the deceased) died on 29.01.2002. Copy of the death certificate is annexed as Exhibit “D”. She left behind her (5A) Reema Ankush Kapoor (married grand daughter of the deceased/married daughter of deceased daughter), (5B) Rakhi Gautam Tandon (married grand daughter of the deceased/married daughter of deceased daughter). 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 Usha Kamlesh Kapur , Radhika Rarnesh Nanda, Janak Raj Mehra, Niharika Janak Mehra, Nitika Vikas Kapoor, Tanya Rohit Yadav, Reema Ankush Kapoor and Rakhi Gautam Tandon had given their consent for issuance of succession certificate in favour of Rajan Omprakash Sehgal.

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The consent affidavits are annexed as page no. 14 to 27

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Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/5th 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

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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 05.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 19.10.2024 for proving General Notice filed through e-filing and Administration Bond dated 10.10.2024 also filed through e-filing.

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

Rajan Omprakash Sehgal v. Pushpavati Omprakash Sehgal alias Sehgal Pushpawati (Deceased)

Case brief

What is this about?

What did the court decide?

Rajan Omprakash Sehgal v. Pushpavati Omprakash Sehgal alias Sehgal Pushpawati (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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