Pravin Shantilal Shah vs Shantilal Sukhlal Shah (Decased)

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BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13^th January, 2025

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CALLED FOR COMPLIANCE :

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12 TP/223/2024 (E-filing)

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Mr. Parmeshwar A. Bhise, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased namely Shantilal Sukhlal Shah who died at Mumbai on 11.02.1985. Copy of death certificate is annexed to the petition as Exhibit -‘A’. Advocate for petitioner submits that since identification proof of the deceased is not available, petitioner had filed Affidavit dated 08.04.2024 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed to the petition as Exhibit – “A1”.

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Ld. Advocate for petitioner submits that deceased ordinarily resided at C/3, Adinath Co-op Housing Society, S. M. Road, Antophill, Wadala East, Mumbai – 400037 and left property within Greater Bombay and in the State of Maharashtra.

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Ld. 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. …….2

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Ld. Advocate for petitioner submits that deceased left behind his only legal heirs shown in the paragraph No. 4 of the petition, as per the provisions of the Hindu Succession Act, 1956.

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5. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of deceased namely Snehlata Shantilal Shah since deceased the deceased who died on 20.03.2023. Deceased was survived by one son namely Pravin Shantilal Shah, who is 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 daughter of deceased claims to be entitled 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 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 petitioner was not aware about legal procedure and now he is (recently advised by his Advocate so there is a delay in filing the present petition so the delay so cause may be condoned. In view thereof, delay is condoned. …...3

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Advocate for the petitioner submits that the General Notice was issued on 29.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 11.03.2024 for proving the service of General Notice filed through e-filing. Administration Bond dated 29.02.2024 is filed through e-filing. 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 directions 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 Schedule-I 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-I, 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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3) The petitioner to f i le 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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13.01.2025

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Pravin Shantilal Shah v. Shantilal Sukhlal Shah (Decased)

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Pravin Shantilal Shah v. Shantilal Sukhlal Shah (Decased)

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