Allowed¶29

Rajendra Sitaram Desai v. Sitaram Narayan Desai (Deceased No 1)

Bombay HC8 Jan 2025TP/4768/2024

Case brief

AI extract

What is this about?

Succession Certificate; Testamentary Petition TP 4768 of 2024; intestate death; securities; Schedule-1; dispensation of identification proof; delay condoned; General Notice 05.10.2024; Administration Bond; consent affidavits; Hindu Succession Act 1956; Section 370 Indian Succession Act 1925; Worli Mumbai; Rajendra Sitaram Desai; Vedawati Jagdish Aroskar; Company Registrar / Testamentary Registrar.

What did the court decide?

Grant of Succession Certificate to the petitioner for certain securities left by the deceased and shown in the schedule, in prescribed format; before issuance the office to verify whether any cross-petition is pending or affidavit resisting the petition is filed; petitioner to file account as undertaken in the Administration Bond within stipulated period. ¶29

Rajendra Sitaram Desai vs Sitaram Narayan Desai… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether a Succession Certificate should be granted to the petitioner, Rajendra Sitaram Desai, in respect of the securities left by deceased nos. 1 and 2 listed in Schedule-1 to the petition. +1 more

¶27

Court's answer

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted, and the petition deserved to be allowed as prayed for.

¶27

Ratio / Principle

The delay in filing the petition is condoned.

¶25

Key takeaways

The petition is allowed and the Succession Certificate is to be granted to the petitioner for the securities left by the deceased and shown in the schedule, in the prescribed format.ratio¶29

Detailed headnote1 paragraphs

Testamentary Petition TP 4768 of 2024 (decided 08.01.2025 by Mrs. R. V. Rane, Company Registrar / Testamentary Registrar): Petitioner Rajendra Sitaram Desai, son of the intestate deceased SITARAM NARAYAN DESAI (died Mumbai 06.08.2002) and PRABHAWATI SITARAM DESAI (died Mumbai 06.05.2005), sought a Succession Certificate in respect of securities listed in Schedule-1. Identification proof of both deceased was dispensed with on affidavit dated 17.03.2023 (Exhibit “D”); delay in filing was condoned; General Notice was issued on 05.10.2024 with Affidavit of Service dated 05.11.2024 and Administration Bond dated 03.01.2025 filed by e-filing; the married daughter Vedawati Jagdish Aroskar gave consent affidavits (pages 18-20). Counsel referred to Section 370 of the Indian Succession Act, 1925 and the heirs under the Hindu Succession Act, 1956. Holding the petitioner's sworn facts unchallenged, the Registrar allowed the petition and directed grant of the Succession Certificate in prescribed format, subject to office verification of any cross-petition/resisting affidavit and filing of the account undertaken in the Administration Bond.

¶1

1 TP 4768 of 2024

¶2

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

¶3

DATE : 8^th January’2025

¶4

Sr No. - 23-TP/4768/2024 (ECHCBM02080382023)

¶5

Mr. Vasim Siddiqui, Advocate for the petitioner.

¶6

Called for Compliance

¶7

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 no. (1) viz. SITARAM NARAYAN DESAI who died at Mumbai on 06.08.2002. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. And deceased no. (2) PRABHAWATI SITARAM DESAI, who died at Mumbai on 06.05.2005. Copy of death certificate is annexed at Exhibit -‘B’ to the petition.

¶8

Advocate for petitioner submits that since identification proof of the deceased no. 1 and 2 is not available petitioner had filed Affidavit dated 17.03.2023 for dispensation of identification proof of the deceased no 1 and 2. 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 no 1 and 2 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 no. 1 and 2. The

¶9

2 TP 4768 of 2024

¶10

said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased no. 1 and 2 is annexed as Exhibit “D” to the petition.

¶11

Advocate for petitioner submits that both the said deceased ordinarily resided at 1501 Vainganga Sagar C.H.S Opp. Podar Hospital, Worli, Mumbai – 400018 and left property within Greater Mumbai.

¶12

Advocate for petitioner submits that both the said deceased died intestate and that due and diligent search has been made for the Will but none has been found.

¶13

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

¶14

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The widow of the deceased Mrs. Prabhawati Sitaram Desai since deceased on 06.05.2005.

¶15

Advocate for petitioner submits that both the deceased left behind them son and married daughter viz. (1) Rajendra Sitaram Desai (son of the deceased/petitioner herein) and (2) Vedawati Jagdish Aroskar (married daughter). Save and except there are no other legal heirs

¶16

3 TP 4768 of 2024

¶17

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

¶18

Advocate for petitioner submits that Vedawati Jagdish Aroskar had given her consent for issuance of succession certificate in favour of Rajendra Sitaram Desai, petitioner.

¶19

The consent affidavits are annexed as page no. 18 to 20.

¶20

Advocate for Petitioner submits that being the son of deceased claims to be entitled for 1/2 share in the estate left by the deceased no. 1 and 2.

¶21

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.

¶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

4 TP 4768 of 2024

¶25

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.

¶26

Advocate for the petitioner submits that the General Notice was issued on 05.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 05.11.2024 for proving General Notice filed through e-filing and Administration Bond dated 03.01.2025 also filed through e-filing.

¶27

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 allowed, as prayed for. Hence, following order :

¶28

ORDER

¶29

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.

¶30

5 TP 4768 of 2024

¶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

ksa/rvr

¶34

COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Rajendra Sitaram Desai v. Sitaram Narayan Desai (Deceased No 1)

Case brief

What is this about?

What did the court decide?

Rajendra Sitaram Desai v. Sitaram Narayan Desai (Deceased No 1)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Akshay Ashok Ambelkar vs Rukmini Bai Alias Rukmini Pandurang Ambelkar (Deceased)

Maniben Dahyabhai Patel vs Harish Dahyabhai Patel (Deceased)

Jay Hitendra Shah vs Vandana Hirendra Shah (Deceased)

Kamlesh Dharmraj Singh vs Dharmraj Matar Singh

Dilip Rajkrishna Manucha through His Duly Constituted Attorney Ajit Jude Ireaneus Lobo vs Radha Rajkrishna Manucha (Deceased)

Raisahab S/o. Pratap Singh vs Pratap Bahadur Singh - Deceased