Allowed

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

Bombay HC2 May 2024TP/535/2024

Case brief

AI extract

What is this about?

Succession certificate petition regarding debts of an intestate deceased whose predeceased heirs left the petitioner, a maternal cousin sister, as sole heir. After general notice and compliance formalities, the registrar allowed the petition and granted the certificate subject to office verification.

What did the court decide?

Succession Certificate granted to petitioner for debts listed in Schedule-1, subject to office verification and administration bond compliance.

Roshan Hormusji Choksey vs Sheroo Jal Cooper… — Succession and Inheritance | Bombay HC (2024)

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1 TP 535 of 2024

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

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DATE : 10^th June’2024.

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Sr No. - 31 - TP TP 535 of 2024 (ECHCBM02119192023)

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Mr. K. S. Jadhavar, Advocate for the petitioner.

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Called 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. SHEROO JAL COOPER, who died at Mumbai on 12.01.2015. 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 26-B, Jer Baug, Victoria Garden Road, Byculla, Mumbai—400 027, and left property within Greater Bombay and 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

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2 TP 535 of 2024

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next-of-kin according to Indian Succession Act, 1925 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 the petitioner submits that the husband of the deceased viz. Jal Cooper died on 12.4.2001.

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Advocate for the petitioner submits that the deceased died issueless.

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Advocate for the petitioner submits that there is no legal heir from the husband’s side.

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Advocate for the petitioner submits that the deceased had one sister viz. Mani Jal Kolah died on 24.02.2016 and her husband died on 03.03.1991. Both were issuless.

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Advocate for petitioner submits that the deceased left behind her maternal cousin sister viz. Roshan Hormusji Choksey (maternal cousin 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.

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Advocate for Petitioner submits that being maternal cousin sister of the of deceased claims to be entitled for full share in the estate left by the deceased.

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3 TP 535 of 2024

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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 23.02.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 15.03.2024 for proving General Notice filed through

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4 TP 535 of 2024

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e-filing and Administration Bond dated 28.02.2024 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

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ksa/rvr

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

Case brief

What is this about?

What did the court decide?

Roshan Hormusji Choksey v. Sheroo Jal Cooper (Deceased)

Case brief

What is this about?

What did the court decide?

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