Shaheen Kauser Through Poa Holder Ajit Jude Ireanus Lobo v. Hussain Baksh Alias Husain Buksh Alias Mola Baksh

Pallavi BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 07th FEBRUARY, 2024 FIRST ON BOARD :

TP/421/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sheetal Shah i/b. Mehta & Girdharlal, Advocate for petitioner.

(ECHCBM021851 P.C.: 1. Perused Petition. Heard Ld. Advocate for 42023) petitioner. Advocate for the petitioner submits that death certificate of the deceased was not available and the office has raised query for the same. By order dated 18.01.2024 (CORAM : MANISH PITALE J.) the said objection is waived. Hence, the petition can be proceeded ahead.

2. Advocate for the petitioner submits that this petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Hussain Baksh alias Husain Buksh, who died at Mumbai on 23.06.1949.

3. Advocate for the petitioner submits that the the said Deceased, had no fixed place of residence however at the time of his death he resided at H No 956, Gali Tota Maina Tilak Bazar, Chandni Chowk, Delhi 110 006. He died in Delhi, however left property in Mumbai, State of Maharashtra and elsewhere in India.

4. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Mohammedan Law applicable to Sunni Muslims are mentioned in para no. 4 of the said petition.

5. 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. ..... 2

Pallavi CONTD.

- 2 - TP/421/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

6. 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 Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate.

(ECHCBM021851 42023)

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.

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 February, 2024 for compliance.

07.02.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR