Ravi Mohan Keswani v. Mohan Lakhmichand Keswani (Deceased)

Pallavi BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 10th JANUARY, 2024 CALLED FOR DIRECTION :

TP/40/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present for parties.

(ECHCBM022044 P.C.: 1. Perused the petition. Heard Ld. Advocate for 52023) petitioner. This petition is filed for Succession Certificate in respect of certain Debts and Securities belonging to deceased viz. MOHAN LAKHMICHAND KESWANI, who died at Thane on 02.04.2021. Copy of death certificate is annexed as Exhibit - 'A' to the petition. Copy of identification proof of the deceased is annexed as Exhibit - 'B' to the petition.

2. Upon perusal of the petition, the said deceased at the time of his death had a fixed place of abode at Bungalow No. 6, Angel care Elder Home, Devdarshan CHS, Dongripada, Thane-400 615 and was also having address at Flat No. 13, Kilbil Society, S. N. Road, Near Bank of India, Mulund West, Mumbai 400080 and he left property within greater Bombay and in the State of Maharashtra.

3. Upon looking to the schedule of Next-of-kin, it is noticed 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. Upon perusal of the petition the said deceased died intestate and that due and diligent search has been made for Will but none has been found. .... 2

Pallavi CONTD.

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5. Upon perusal of the petition 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.

TP/40/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (ECHCBM022044 52023)

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 13th February, 2024 for compliance.

10.01.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR