Suresh Balram Chugani vs Lata Balram Chugani

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1 TP 1625 of 2024

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

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DATE : 8^th January’2025

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Sr No. - 8-TP/1625/2024 (ECHCBM02049422024)

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Mr. Waquar Ahmad, Advocate for the petitioner.

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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 and securities belonging to the deceased viz. Lata Balram Chugani, who died at Mumbai on 24.12.2023. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “A1” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at 12, Bandstand Apartments, 4^th Floor, B. J. Road, Bandstand, Bandra (West), Mumbai – 400050 and left property in 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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2 TP 1625 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 the petitioner submits that the parents of the deceased predeceased the deceased. The deceased died spinster.

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Advocate for petitioner submits that the deceased left behind her brothers and sister viz. (1) Balramdas Bhojraj Chugani (father of the deceased predeceased the deceased), (2) Doulat Balram Chugani (brother of the deceased), (3) Suresh Balram Chugani (brother of the deceased/petitioner herein), (4) Vanisha S. Balramdas (sister 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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Advocate for petitioner submits that Doulat Balram Chugani , Vanisha S. Balramdas had given their consent for issuance of succession certificate in favour of Suresh Balram Chugani, petitioner.

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The consent affidavit of Vanisha S. Balramdas Nee Poonam Balram Chugani is annexed is annexed separately to the petition.

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The consent affidavits are annexed as page no. 16 to 19.

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3 TP 1625 of 2024

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Advocate for Petitioner submits that being the brother of deceased claims to be entitled for 1/3rd 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 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 the General Notice was issued on 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 26.06.2024 for proving General Notice filed through e-filing and Administration Bond dated 11.09.2024 also filed through e-filing.

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4 TP 1625 of 2024

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This petition is filed for grant of Succession Certificate in respect to the debts and 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 debts and 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

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ksa/rvr

Suresh Balram Chugani v. Lata Balram Chugani

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Suresh Balram Chugani v. Lata Balram Chugani

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