Champa Kantibhai Vadher v. Kantibhai Tapubhai Vadher (Deceased)

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

Mr. Nishant D. Mokal i/b. M/s. Jha Legal Associates, Advocate for the petitioner.

P.C.: 1. Perused the Petition. Heard Ld. Advocate for petitioner. This petition is filed for Succession Certificate in respect of certain Securities belonging to the deceased viz. Kantibhai Tapubhai Vadher, who died at 154, Langland Crescent, Stanmore, Middlesex, HA7 1NH, Great Britain on 30.12.2019. 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 the said deceased ordinarily reside at 154, Langland Crescent, Stanmore, Middlesex, HA7 1NH, Great Britain and/or left movable properties within Greater Bombay and in the State of Maharashtra and elsewhere in India.

Pursuant to direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under Section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities / Debts lies in the Jurisdiction of, this Hon'ble Court. This .... 2

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- 2 - Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded now.

3. 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.

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

6. 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 .... 3

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- 3 - 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