Anita Francis Fernandes v. Francis Elogues Fernandes (Deceased)

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

TP/230/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jihal Rathi a/w. Hindavi Lubade i/b. Mr. Rahul Karnik, Advocate for the petitioner.

(ECHCBM020773 P.C.: 1. Perused the petition. Heard Ld. Advocate for 72023) the petitioner. This petition is for Succession Certificate in respect of certain Securites belonging to the deceased Francis Elogues Fernandes at Mumbai on 20.04.2018. Copy of death certificate is annexed as Exhibit - 'A' to the petition. Copy of identification proof of the deceased is annexed as Exhibit - 'B' to the petition.

2. Advocate for the petitioner submits that the said deceased at the time of his death with his wife the petitioner and their son Master Ansel Fernandes resided at Flat no. 102, Bindra Daffodil, Bindra Complex, Mahalali Caves, Andheri East, Mumbai 400093 . The Petitioner is working with Kotak Securities Limited.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Indian Succession Act, 1925 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. The 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 .... 2

Pallavi CONTD.

- 2 - TP/230/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate.

(ECHCBM020773 72023)

6. Advocate for the petitioner submits that, the petitioner is 84 years old. Hence, the General Notice as well as the petition may be expedited in the present case. The said request is accepted

7. In the aforesaid circumstances, I pass the following order:

ORDER

a. Petition Expedited. Office to Issue General Notice expeditiously 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 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 22nd February, 2024 for compliance.

29.01.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR