Dundigalla Naveen Kumar, Son Of Dundigalla Rama Rao v. Dundigalla Padmavathy Alias Padmavathi Dundigalla, Wife Of Dundigalla Rama Rao (Deceased)
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 11th January'2024 Sr. No. 9 - TP 125 of 2024 (ECHCBM02115602023) Mr. Deepak Sonkamble, Advocate i/b. Ajit Hodage for the petitioner.
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. Dundigalla Padmavathy alias Dundigalla wife of Dundigalla Rama Rao who died at Hyderabad on 13.07.1992. Copy of death certificate is annexed at Exhibit- A to the petition. Advocate for petitioner submits that since identification proof of the deceased is not available they have filed Affidavit dated 20.01.2023 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken due care and diligent search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit of identification proof of the deceased is annexed as page no. 20 to 22 to the petition. 2.
Advocate for petitioner submits that the said deceased ordinarily resided at Flat No.301 A. G. Arcade Transport Road, Near Diamond Point, Sikh Village, Secunderabad, Hyderabad, Andhra Pradesh - 500009.
Advocate for petitioner submits that pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.
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. 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.
7. 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