Prithviraj Laxman Pole v. Laxman Yaswant Pole Alias Laxman Yashwant Pol Alias Laxman Yashvant Pol (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 11th January'2024 Sr. No. 11 - TP 156 of 2024 (ECHCBM02198622023) Ms. Bina Shivhare, Advocate 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. Laxman Yashwant Pole alias Laxman Yashwant Pol alias Laxman Yashvant Pol, who died at Mumbai on 15.12.2001. 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 04.10.2023 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 Exhibit A1 to the petition. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at 7/2 Chandrodaya Co-operative Housing Society, CST Road, Chembur, Mumbai-400 071 and left property within Greater Bombay in the State of Maharashtra.

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 he wife of the deceased Shantadevi Laxman Pole is since deceased on 18th July' 2014. The mother of the deceased predeceased the deceased. The deceased left no other sons and no daughters. Save and except the legal heir mentioned above there are no other legal heirs left by the said deceased.

Advocate for petitioner submits that since the son of the deceased is sole class I legal heir, the Administration Bond may be dispensed with. The request is accepted. Advocate for the petitioner submits since the petitioner is 75 years old. The petition may be expedited. The said request is accepted. Petition to be expedited. Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, Administration Bond is not required for sole legal heir.

6. 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. Petition to be expedited.

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. 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