John Louis Fernandes And 8 ORS v. Louis Fernandes (Deceased) And Brazline Louis Fernandes (Deceased)

Ajay BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 06th APRIL, 2024 CALLED FOR DIRECTION :

TP/1137/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present for parties.

P.C.: 1. Perused Petition. This petition is for Succession Certificate in respect of certain securities belonging to the deceased no. (1) viz. Louis Fernandes, who died at Mumbai on 06.10.1997. Copy of death certificate is annexed at Exhibit- 'A' to the petition.

And deceased no. (2) viz. Brazline Louis Fernandes, who died at Chinchwad, Pune on 23.10.2014. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Advocate for petitioner is directed to file identification proof of the both the deceased.

2. Upon perusal of petition, it is noticed that the deceased no. 1 at the time of his death, had a fixed place of abode at C-5, Krishnalaya Bldg, M. S. Manikar Marg, Sion Chunnabhati, Mumbai - 400022 and deceased no. 2 at the time of her death had a fixed palce of abode at P- 1 building, Flat No. 14, Kakade Park, Opp. Podar International School, Chinchawad Pune - 411033 and /or left property within Greater Bombay, in the State of Maharashtra and elsewhere in India.

3. "The Hon'ble Court (CORAM : Hon'ble Shri Manish Pitale J.) on 29th September, 2023 passed direction in TP No. 233 of 2022 in which the Hon'ble Court decided the issue of jurisdiction under Section 371 of Indian Succession Act and decided the jurisdiction of this Hon'ble Court. In view of the order dated 29th September, 2023, the present petition proceed further."

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Ajay - 2 -

3. Upon perusal of petition, it is noticed that the legal heirs left behind both the deceased surviving astheir only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

CONTD.

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4. Upon perusal of petition, it is noticed that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

5. Upon perusal of petition, it is noticed 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 will or without Will annexed to his property and credits or any petition for Succession Certificate.

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 18.06.2024 for compliance. 06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR