Allowed

Asha Jitendra Trimbake v. Sanjay Chabu Gaikwad Alias Sanjay Chhabu Gaikwad (Deceased)

Bombay HC10 Jan 2024TP/65/2024

Case brief

AI extract

What is this about?

Petition for succession certificate over the debts and securities of an intestate deceased whose wife predeceased him and who died issueless. The sister, sole legal heir, sought the grant; delay in filing was condoned and general notice was issued. Petition allowed.

What did the court decide?

Succession Certificate granted to petitioner for securities left by the deceased, per schedule, subject to verification and Administration Bond compliance.

Asha Jitendra Trimbake vs Sanjay Chabu Gaikwad… — Succession and Inheritance | Bombay HC (2024)

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1 TP

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

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DATE : 18th October’2024.

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Sr. No. 6-TP/65/2024 (ECHCBM02198982023) Ms. Ruchi Singh, Advocate for the petitioner. For Compliance

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Pursuant to the direction issued by Hon’ble Court (Coram : N. J. Jamadar, J.) in order dated 27.09.2024, Advocate for the petitioner has filed Affidavit cum Undertaking dated 15.10.2024 of the petitioner with respect to pay additional court fees if any as and when directed. He has e-filed the undertaking. I proceed with order.

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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. Sanjay Chabu Gaikwad alias Sanjay Chhabu Gaikwad who died at Thane on 21.01.2022. 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.

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Advocate for petitioner submits that the said deceased ordinarily resided at Building no. 7, B-1, Shop No. 15, at ground floor, Sanjivani CHS, Golibar Road, Santacruz

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2 TP

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(East), Mumbai – 400 055 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. Pornima Sanjay Gaikwad predeceased the deceased on 6.03.2020. Copy of the death certificate is annexed as Exhibit “C” to the petition. The deceased died issueless.

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Advocate for petitioner submits that the deceased left behind him only sister viz. Asha Jitendra Trimake (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 the only sister of deceased claims to be entitled for full share in the estate left by the deceased.

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3 TP

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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 10.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 25.01.2024 for proving General Notice filed through

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4 TP

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e-filing and Administration Bond dated 03.09.2024 also filed through e-filing.

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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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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

Asha Jitendra Trimbake v. Sanjay Chabu Gaikwad Alias Sanjay Chhabu Gaikwad (Deceased)

Case brief

What is this about?

What did the court decide?

Asha Jitendra Trimbake v. Sanjay Chabu Gaikwad Alias Sanjay Chhabu Gaikwad (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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