Mr. Kashif Bharatkumar Kapadia v. Mr. Bharatkumar Mangaldas Kapadia (Deceased)

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

TP/527/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Chitra Mhaske i/b. Joy Legal, Advocate for the petitioner.

(ECHCBM021429 P.C.: 1. Perused the Petition. Heard Ld. Advocate for 62023) petitioner. This petition is filed for Succession Certificate in respect of certain Debts belonging to the deceased viz. Bharatkumar Mangaldas Kapadia alias Bharat Mangaldas Kapadia, who died at Goa on 29.05.2021. Copy of death certificate is annexed as Exhibit - 'A' to the petition. Copy of of identification proof of the deceased is annexed as Exhibit - 'B' to the petition.

2. Advocate for the petitioner submits that, the said deceased ordinarily resided at 5-A, Manek, Napean Sea Road, 11 L.D. Ruparel Marg, Mumbai - 400 006 and also at Goa and / or left property within greater Bombay and in the State of Maharashtra and elsewhere in India.

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

Pallavi CONTD.

- 2 - ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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.

TP/527/2024 (ECHCBM021429 62023)

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 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