Petition allowed. Succession Certificate granted to the sons and married daughters of the deceased intestate for his debts and securities under the Indian Succession Act, 1925, upon condonation of delay and dispensing with the administration bond.
Succession Certificate granted for debts and securities left by the deceased.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 TP 657 OF 2024
BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
DATE : 24th June’2024.
Sr. No. – 20 - TP 657 OF 2024 (ECHCBM02229842023)
Mr. Y. C. Parikh, Advocate for the petitioner.
Called for Compliance
2 TP 657 OF 2024
Advocate for petitioner submits that the deceased left behind him two sons and two married daughters. Viz. Anil Jaysinh Ashar (son of the deceased/petitioner no. 1), Ajay Jaysinh Ashar (son of the deceased/petitioner no. 2), Vibha Dinesh Kapadia (married daughter of the deceased/petitioner no. 3) and Meena Ved (married daughter of the deceased/petitioner no. 4). 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.
3 TP 657 OF 2024
other enactment to the grant of the certificate of the validity thereof if it was granted.
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,
4 TP 657 OF 2024
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”.
ORDER
ksa/rvr
COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR
1 issue framed by the court
Whether the applicants are entitled to a Succession Certificate for the debts and securities of the deceased?
2 provisions across 2 enactments
Anil Jaysinh Ashar, Ajay Jaysinh Ashar, Vibha Dinesh Kapadia, Meena Ved
State
R.V. Rane
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
