Allowed

Kashmira Naushirwan Bhathena v. Sam Savak Morena (Deceased)

Bombay HC27 Nov 2024TP/4812/2024

Case brief

AI extract

What is this about?

Petition for a succession certificate over debts left by an intestate deceased who died unmarried in Mumbai, filed by his only surviving married sister. Compliance requirements were met and no objections were on record; the registrar granted the certificate as prayed.

What did the court decide?

Succession Certificate granted to the petitioner for debts listed in Schedule-1, subject to office verification that no cross petition or resisting affidavit is pending.

Kashmira Naushirwan Bhathena vs Sam Savak Morena… — Succession and Inheritance | Bombay HC (2024)

¶1

1 TP 4812 of 2024

¶2

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

¶3

DATE : 27^th November’2024.

¶4

Sr. No. 11 - TP/4812/2024 AMH20240132872C202400001

¶5

Mr. SHAHZAD M. PANDAY, Advocate for the petitioner.

¶6

For Compliance

¶7

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. Sam Savak Morena who died at Mumbai on 01.10.2023. 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.

¶8

Advocate for petitioner submits that the said deceased ordinarily resided at 786/A, Flat No.- 5, Khareghat Road, Near Parsi Agiary, Parsi Colony, Dadar, Mumbai-400014, and left property within Greater Bombay and in the State of Maharashtra.

¶9

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.

¶10

2 TP 4812 of 2024

¶11

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

¶12

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased since a long back therefore death certificate of the parents of the deceased are not available with the petitioner. The deceased died bachelor.

¶13

Advocate for petitioner submits that the deceased left behind him married sister viz. Kashmira Naushirwan Bhathena (married sister 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.

¶14

Advocate for Petitioner submits that being the only married sister of deceased claims to be entitled for entire share in the estate left by the deceased.

¶15

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.

¶16

3 TP 4812 of 2024

¶17

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.

¶18

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.

¶19

Advocate for the petitioner submits that the General Notice was issued on 17.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 12.11.2024 for proving General Notice filed through e-filing.

¶20

Advocate for the petitioner submits that “pursuant to the order dated 2.2.2024 passed by the Hon’ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with”.

¶21

4 TP 4812 of 2024

¶22

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 :

¶23

ORDER

¶24

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.

¶25

Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

¶26

ksa/rvr

¶27

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Kashmira Naushirwan Bhathena v. Sam Savak Morena (Deceased)

Case brief

What is this about?

What did the court decide?

Kashmira Naushirwan Bhathena v. Sam Savak Morena (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

Case details

All orders in this case

Similar cases

Pankaj Thakor Kothari vs Lachmi Fateechand Kripalani @ Lachmi Fatehchand Kripalani

Ramesh Dashrath Surve vs Sanjay Dashrath Surve

Srinivas Rajalingam Samalety vs Mallamma Rajalingam Samalety Deceased

Sneha Ganesh Bhabal vs Ganesh Madhukar Bhabal

Ramesh Dashrath Surve vs Sanjay Dashrath Surve

Sandesh Shankar Walkar vs Shankar Krishna Walkar(Deceased)