Allowed

Shridhan Vinayak Nayak v. Alka Vinayak Nayak

Bombay HC8 Mar 2024TP/683/2024

Case brief

AI extract

What is this about?

The Testamentary Registrar granted a Succession Certificate to the sole son of the deceased, who died intestate, for securities. The Court condoned delay in filing, dispensed with the administration bond pursuant to prior directions, and directed verification before issuance.

What did the court decide?

Succession Certificate granted to the petitioner for certain securities left by the deceased.

Shridhan Vinayak Nayak vs Alka Vinayak Nayak — Pension and Retirement Benefits | Bombay HC (2024)

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1 TP 683 of 2024

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

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DATE : 29^th April’2024.

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Sr No. - 49 – TP 683 of 2024

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(ECHCBM02215772023)

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Mr. Suraj Shetye, Advocate for petitioner

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Called for direction

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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 Securities belonging to the deceased viz. Alka Vinayak Nayak died at Mumbai on 16th May 2000. 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 48, Niranjan, Abhinav Nagar Road No, 4 Near National Park, Borivaii East, Mumbai 400 066 within Greater Bombay and in the State of Maharashtra and elsewhere in India.

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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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2 TP 683 of 2024

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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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Advocate for petitioner submits that the deceased left behind her only one son viz. Shridhan Vinayak Nayak (son 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 son of deceased claims to be entitled for full 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 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

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3 TP 683 of 2024

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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 08.03.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service through Office of Deputy Sheriff of Mumbai dated 10.04.2024 for proving General Notice filed through e- filing and Administration Bond dated 23.03.2024. also filed through e-filing.

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Pursuant to order dated 28.02.2023 passed by Hon’ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon’ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

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This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in

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4 TP 683 of 2024

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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. Grant expedited.

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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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ksa/rvr

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Shridhan Vinayak Nayak v. Alka Vinayak Nayak

Case brief

What is this about?

What did the court decide?

Shridhan Vinayak Nayak v. Alka Vinayak Nayak

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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