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Bombay High CourtTP/106/2024grant issued

Anita Anilkumar Seth v. Vijay Lakhsmi Sushil Kumar Malhotra (Deceased)

2024-01-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 11th January'2024 Sr. No. 2 - TP 106 of 2024 (ECHCBM02182142023) Mr. Prashant Mairale, Advocate i/b. Kanchan Talreja for petititioner.

Called for direction

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. Vijay Lakhsmi Sushil Kumar Malhotra, who died at Mumbai on 05.08.2022. Copy of death certificate is annexed at ExhibitA to the petition. Copy of the identification proof of the deceased is annexed at Exhibit -A1.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Flat No.1101/1102, Jivan Satya CoOp. Society, 15th Road, Bandra (West), Mumbai-400 050 and/or left Securities within Greater Bombay and in the State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as her 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. 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 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 nonconsenting 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 14.02.2024 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR