Usha Vimal Gupta v. Vimal Roy Gupta (Deceased)

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

TP/533/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Kate i/b. Wadia Ghandy & Co., 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 Debts and Securities belonging to the deceased viz. Vimal Roy Gupta, who died at Mumbai on 29.12.2017.

Copy of death certificate is annexed as Exhibit - 'A' to the petition. Copy of of identification proof of the deceased as Exhibit - 'A1' to the petition.

2. Advocate for the petitioner submits that, the said deceased, at the time of his death, had a fixed place of abode at 302-B, "Sanjeev Enclave" J.P. Road, Versova, Andheri (West), Mumbai - 400061 and left property within greater Bombay 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 .... 2

Pallavi CONTD.

- 2 - TP/533/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 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.

23.08.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR