Pravin Shantilal Shah v. Shantilal Sukhlal Shah (Decased)

Pallavi BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 29th JANUARY, 2024 CALLED FOR DIRECTION :

TP/223/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present for parties.

(ECHCBM021256 P.C.: 1. Perused Petition. This petition is for 82023) Succession Certificate in respect of certain Securities belonging to the deceased viz. Shantilal Sukhlal Shah, who died at Mumbai on 11.02.1985. Copy of death certificate is annexed as Exhibit - 'A' to the petition.

Upon perusal of the petition, since identification proof of the deceased is not available. Hence, Advocate for petitioner undertakes to file Affidavit of identification proof of the deceased. The said request is accepted. The Advocate for the petitioner is allowed to file Affidavit of identification proof of the deceased.

2. Upon perusal of the petition, the said deceased at the time of his death had a fixed place of abode at C/3, Adinath Co-op Housing Society, S.M. Road, Antophill, Wadala East, Mumbai - 400 03 7 and left property within Greater Bombay 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.

.... 2

Pallavi CONTD.

- 2 - TP/223/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

5. 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.

(ECHCBM021256 82023)

6. 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.

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 28th March, 2024 for compliance.

29.01.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR