Hirabai Devram Bhalerao vs. Sanjay Devram Bhalerao (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th January'2024

Sr. No. 35 TP No. 3954 of 2023 (ECHCBM02163572023)

Ms. Seema Hunnurkar, Advocate for petitioner Called for direction :

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. Sanjay Devram Bhalerao, who died at Mumbai on 28.01.2021. Copy of death certificate is annexed as Exhibit -'A' to the petition. Copy of the Identification proof of the deceased is annexed as Exhibit "A1" to the petition.

2. Advocate for petitioner submits that both the said deceased ordinarily resided at Room No. 1, New Agri Pada Babi Sawant Chawl, Highway Road, Santacruz (East), Mumbai – 400 055 and left property within greater Bombay, in the State of Maharashtra.

3. 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.

4. Advocate for petitioner submits that the legal heirs left behind by 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.

5. Advocate for the petitioner submits that the deceased died as a Bachelor.

Advocate for petitioner submits that the deceased left behind him Hirabai Devram Bhalerao (mother 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.

Advocate for petitioner submits that the petitioner is 70 years old and request to expedite the grant. The said request is accepted. Grant is to be expedited within two weeks.

6. Petitioner being the mother of deceased claims to be entitled for full share in the estate left by the deceased.

7. 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.

8. 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.

9. 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.

10. Advocate for the petitioner submits that the General Notice was issued on 01.12.2023 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service through Sheriff of Mumbai dated 15.12.2023 for proving General Notice 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 2559 of 2022, directions was 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, Administration Bond is not required for sole legal heir.

11. This petition is filed for grant of Succession Certificate in respect to the debts 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:

ORDER

1. Petition is allowed and the Succession Certificate be granted to the petitioner for certain debts left by the deceased and shown in the schedule, in prescribed format. Grant to be expedited within two weeks.

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

3. 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.

COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR