Ramesh Vasudeo Patki vs Mangala Dinanath Dalvi… — Succession and Inheritance

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1 TP 2193 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR^th January’2025

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Sr. No.11- TP/2193/2024

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Mr. Abhijit Patil, Advocate for the petitioner. For Hearing :

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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. Mangala Dinanath Dalvi who died at Mumbai on 05.01.2009. 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 11, Hasyavadan CHSL, Tejpal Scheme Road No. 4, Vile Parle (East), Mumbai – 400 057 and 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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2 TP 2193 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.

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Advocate for the petitioner submits that the husband of the deceased do not have any brother or sister and parents of the husband of the deceased predeceased.

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Advocate for the petitioner is directed to carry out necessary averment into para no. 7 of the petition forthwith. Reverification is dispensed with.

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Advocate for petitioner submits that the deceased left behind her Viz. Ramesh Vasudeo Patki (brother 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, 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

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3 TP 2193 of 2024

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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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 22.10.2024 for proving General Notice filed through e-filing and Administration Bond dated 14.08.2024 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

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4 TP 2193 of 2024

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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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Office to issue grant as soon as Advocate for the petitioner carry out correction into the petition.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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ksa/rvr

Ramesh Vasudeo Patki v. Mangala Dinanath Dalvi - Deceased

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Ramesh Vasudeo Patki v. Mangala Dinanath Dalvi - Deceased

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