Allowed

Sumitra Prabhakar Bhagyawant v. Prabhakar Baburao Bhagyawant (Deceased)

Bombay HC11 Jul 2024TP/562/2024

Case brief

AI extract

What is this about?

Petition for Succession Certificate over debts of an intestate deceased who died in 1993. Delay condoned; dispensation of identification proof accepted; consent affidavits of three heirs recorded. Compliance found complete and unchallenged.

What did the court decide?

Succession Certificate granted to petitioner for debts shown in Schedule-1, subject to verification of no cross petition and account filing under Administration Bond.

Sumitra Prabhakar Bhagyawant vs Prabhakar Baburao… — Succession and Inheritance | Bombay HC (2024)

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1 TP 562 of 2024

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BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR^th July’2024

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Sr. No. – 12 -TP/562/2024

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Mr. Sudhir Yadav, Advocate for the petitioner. 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. Prabhakar Baburao Bhagyawant who died at Mumbai on 26.10.1993. Copy of death certificate is annexed at Exhibit -‘A’ to the petition.

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Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 29/1/2024 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed separately to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at B/964, MHB Colony, Near

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2 TP 562 of 2024

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Tata Power, Borivali (East), Mumbai – 400066 and/or 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 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. Shakuntala Prabhakar Bhagyawant died on 16.09.2021. Copy of the death certificate is annexed as Exhibit “B” to the petition.

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Advocate for petitioner submits that the deceased left behind him three daughter and one son viz. Vidya Ganesh Pawar nee Vidya Prabhakar Bhagyawant (married daughter of the deceased), Sumitra Prabhakar Bhagyawant (daughter of the deceased/petitioner herein), Vijaya Rajendra Jadhav (married daughter of the deceased) and Rakesh Prabhakar Bhagyawant (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 562 of 2024

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Advocate for petitioner submits that Vidya Ganesh Pawar nee Vidya Prabhakar Bhagyawant, Vijaya Rajendra Jadhav and Rakesh Prabhakar Bhagywant had given their consent for issuance of succession certificate in favour of Sumitra Prabhakar Bhagyawant.

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The consent affidavits of Vidya Ganesh Pawar nee Vidya Prabhakar Bhagyawant, Vijaya Rajendra Jadhav and Rakesh Prabhakar Bhagyawant are annexed separately to the petition. All the Consent Affidavits are taken on record.

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Advocate for the petitioner submits that he may be permitted to correct the spelling in the name of one of the legal heir viz. “Rakesh Prabhakar Bhagyawant” which is mentioned as “Rakesh Prabhakar Bhagywant” in para no. 4 as well as in the consent affidavit of Rakesh Prabhakar Bhagyawant. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is allowed to mention the correct spelling as Rakesh Prabhakar Bhagyawant. Reverification is dispensed with.

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Advocate for Petitioner submits that being the daughter 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

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4 TP 562 of 2024

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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 23.02.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 19.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 26.03.2024 also filed through e-filing. The original Administration Bond and Affidavit of Service is taken on record. The petitioners oath is filed separately. The same is taken on record.

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5 TP 562 of 2024

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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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Office to proceed with grant as soon as the Advocate for the petitioner carry out correction with respect to correction in the spelling of one of the legal heir viz. Rakesh Prabhakar Bhagyawant

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Sumitra Prabhakar Bhagyawant v. Prabhakar Baburao Bhagyawant (Deceased)

Case brief

What is this about?

What did the court decide?

Sumitra Prabhakar Bhagyawant v. Prabhakar Baburao Bhagyawant (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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