Usha Keshav Shriyan And ANR v. Girija Shama Rao (Deceased)

Pallavi BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 29th JANUARY, 2024 CALLED FOR DIRECTION :

TP/269/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Santosh Vhatkar Associates, Advocate for petitioner.

P.C.: 1. Perused the petition. Heard Ld. Advocate for the petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Girija Shama Rao alias G. S. Rao at Mumbai on 04.06.2016. Copy of death certificate and Identification Proof of the deceased are annexed as Exhibit - 'A' to the petition. Copy of identification proof of the deceased is annexed as Exhibit - 'A1' to the petition.

2. Advocate for the petitioner submits that the said deceased ordinarily resided at Kalina A/3/12, Sunder Nagar, Santacruz East, Gr. Mumbai - 400 098 and or left property within greater Bombay and elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind 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.

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

5. The Advocate for petitioner submits that no application has been made to any District Court - or District Delegate or to any High Court for ..... 2

Pallavi CONTD.

- 2 - TP/269/2024 Probate of any Will of the said deceased or for Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate. Petition is expedited since, petition is pending from 2022. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

6. In the aforesaid circumstances, I pass the following order:

ORDER

a. Office to Issue General Notice within two weeks from the date of uploading of this order.

b. Advocate for the petitioner to file Affidavit of Service of General Notice and also effect service upon non-consenting legal heirs, if any as per Rules 399 and 400 of the Bombay High Court Original Side Rules and also justify surety of non-consenting legal heirs and furnish Administration Bond within one week thereafter.

c. Office to verify if any cross petition is filed, if cross petition is filed, then take steps to place before the Hon'ble Court under Rule 407 of High Court Original Side Rules.

d. List the matter on 28th March, 2024 for compliance.

29.01.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR