Ashadevi Umashankar Singh v. Umashankar Ramdas Singh (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 11th January'2024 Sr. No. 17 - TP 185 of 2024 (ECHCBM02148242023) None for the petitioner.

Called for direction

1. Perused Petition. This petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. UMASHANKAR RAMDAS SINGH, who died at Mumbai on 07.10.2020. Copy of death certificate is annexed at Exhibit- A 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 Laxmi Narayan Mandir, 3C/-l, Magdum Niwas Chawl, Mohili Village, Sakinaka, Mumbai Suburban, Maharashtra 400072 and left properties within Greater Mumbai 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, 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 the parents of the deceased pre deceased the deceased. The said deceased died leaving behind him only widow and no son and no daughter. As mentioned in para no. 4. Save and except mentioned hereinabove deceased had no other heirs and next of kin.

Upon perusal of the petition it is noticed that the widow of deceased is the sole class I legal heir. 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. 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