Allowed

Bhavit Umesh Naik v. Dhirubhai Ranchhodji Naik (Deceased)

Bombay HC6 Apr 2024TP/997/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of a deceased intestate who died in Mumbai in 1999. Grandson petitioner claimed entitlement after deaths of wife and son; daughter-in-law consented. Compliance directions given and certificate granted.

What did the court decide?

Succession Certificate granted for securities in Schedule-1, subject to corrections in paras 1 and 5 and office verification of no cross-petition.

Bhavit Umesh Naik vs Dhirubhai Ranchhodji Naik… — Succession and Inheritance | Bombay HC (2024)

¶1

1 TP 997 of 2024

¶2

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

¶3

DATE : 9th August’’2024

¶4

Sr. No. – 20- TP 997 of 2024

¶5

Mr. Anup Dhannawat, Advocate for the petitioner. For Compliance

¶6

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. Dhirubhai Ranchodji Naik alias Dhirubhai Ranchhodji Naik who died at Mumbai on 29.06.1999. Copy of death certificate is annexed at Exhibit -‘A’ to the petition.

¶7

It has been observed that Advocate for the petitioner has not annexed the identification proof of the deceased as well as averment in para no. 1 to the petition with respect to identification proof of the deceased. Advocate for the petitioner is directed to annex the identification proof of the deceased as well as averment in para no. 1 to the petition. If the identification proof of the deceased is not available, Advocate for the petitioner to annex the affidavit for dispensation of identification proof of the deceased as well as averment in para no. 1 to the petition. Advocate for the petitioner to carry out the correction in para no. 1 to the petition. Reverification is dispensed with.

¶8

2 TP 997 of 2024

¶9

Advocate for petitioner submits that the said deceased ordinarily resided at 2/26, Dattatraya Bldg, 1^st floor, Tukaram Javji Road, Grant Road (west), Mumbai – 400 007 and left property within Greater Bombay and in the State of Maharashtra.

¶10

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.

¶11

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.

¶12

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The wife of the deceased died on 10.04.2012. Copy of the death certificate is annexed as exhibit “B” to the petition.

¶13

Advocate for petitioner submits that the deceased left behind him son viz. Umesh Dhirubhai Naik (son of the deceased) died on 26.09.2020. Copy of the death certificate is annexed as Exhibit “C” to the petition. He left behind wife and son viz. Ila Umesh Naik (daughter in law of the deceased/wife of deceased son) and Bhavit Umesh Naik (grandson of the deceased/petitioner herein/son of deceased son). Save and except there are no other legal

¶14

3 TP 997 of 2024

¶15

heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.

¶16

Advocate for petitioner submits that Ila Umesh Naik had given their consent for issuance of succession certificate in favour of Bhavit Umesh Naik.

¶17

The consent affidavits are annexed as page no. 23 to 28 to the petition.

¶18

Advocate for Petitioner submits that being the grandson of deceased claims to be entitled for 1/2 share in the estate left by the deceased.

¶19

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 5 to the petition with respect to share of the petitioner claims to be entitled as ½ share in the estate of the deceased. He also request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 5 to the petition with respect to share of the petitioner. Reverification is dispensed with.

¶20

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.

¶21

4 TP 997 of 2024

¶22

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.

¶23

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.

¶24

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.

¶25

Advocate for the petitioner submits that the General Notice was issued on 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 25.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 25.04.2024 also filed through e-filing. The original Administration Bond is taken on record.

¶26

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

¶27

5 TP 997 of 2024

¶28

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 :

¶29

ORDER

¶30

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.

¶31

Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

¶32

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.

¶33

Office to issue grant as soon as advocate for the petitioner carry out correction in para no. 1 and para no. 5 to the petition.

¶34

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Bhavit Umesh Naik v. Dhirubhai Ranchhodji Naik (Deceased)

Case brief

What is this about?

What did the court decide?

Bhavit Umesh Naik v. Dhirubhai Ranchhodji Naik (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

All orders in this case

Similar cases

Pradeep Ganpat Sankhe vs Deepak Ganpat Sankhe(Deceased)

Chanchal Singh W/o Sher Amarjit Singh vs Sher Amarjit Singh (Deceased)

Sunita Sanjeev Jangam vs Pushpa Chandrashekhar Naik (Deceased)

Pushpalata Mohan Bhoir vs Mohan Mahadev Bhoir

Yashodhara Yogendra Soman Nee Varsha Madhusudan Oak vs Anita Madhusudan Oak (Deceased)

Uday Shantaram Pashte vs Rajaram Savji Pashte Alias Rajaram Savji Paste Alias Rajaram S. Paste