Mulji Manshi Gada v. Manshi Ladha Gada (Deceased)
TP 184 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 11th January'2024 Sr. No. 16 - TP 184 of 2024 (ECHCBM02124372023) None for the petitioner.
Called for direction
1. Perused Petition. This petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. Manshi Ladha Gada, who died at Mumbai on 06.10.2015. Copy of death certificate is annexed at ExhibitA to the petition. Copy of Identification proof of deceased is already annexed at Exhibit-A1 to the petition. 2.
Upon perusal of the petition the said deceased ordinarily resided at Ground floor, Nath Niwas, 7" Khetwadi, Mumbai-400004, and/or left property within Greater Mumbai in the State of Maharashtra elsewhere in India.
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, 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 the petition it is noticed that parents and wife of the deceased pre-deceased the deceased. The deceased has left no any other daughter and no son except mentioned in para 4 of the petition. Save and except mentioned above there are no legal heirs and next of kin left by the deceased.
Upon perusal of the petition it is noticed that the son of deceased is the sole class I legal heir.
TP 184 of 2024 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. Upon perusal of the 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.
7. In the aforesaid circumstances, I pass the following order:
ORDER
a. Office to Issue General Notice after two weeks from the date of uploading of order. Petition expedited. 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 14.02.2024 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR