Bhupendra Thakorlal Mehta v. Thakorlal Naginlal Mehta

BEFORE : MRS. R. V. Rane COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 23rd FEBRUARY, 2024 CALLED FOR DIRECTION :

TP/449/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nikhil Sonar, Advocate for the petitioner. (ECHCBM021987 P.C.: 1. Perused the Petition. Heard Ld. Advocate 72023) for petitioner. This petition is filed for Succession Certificate in respect of certain Securities belonging to the deceased viz. Thakorlal Naginlal Mehta, who died at Mumbai on 09.02.2002. Copy of death certificate is annexed as Exhibit - 'A' to the petition. Advocate for the petitioner undertakes to file Affidavit for dispensation of identification proof of the deceased and if the identification proof of the deceased available Advocate for the petitioner will file the same.

2. Advocate for the petitioner submits that, the said deceased Thakorlal Naginlal Mehta ordinarily resided and at the time of his death had a fixed place of abode at E/44, Damodar Bhavan, 3rd Floor, 35 V. P. Road, Vile Parle (West), Mumbai, Maharashtra 400056, which is well within the Jurisdiction of this Hon'ble Court and he left his property within greater Bombay in the State of Maharashtra and throughout the territory of India.

2. Advocate for petitioner submits 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.

3. Advocate for petitioner submits that the

CONTD.

- 2 - said deceased died intestate and that due and diligent search has been made for Will but none has been found.

TP/449/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (ECHCBM021987 72023)

4. 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.

5. 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 16th April, 2024 for compliance.

23.02.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR