Kalpana Narayan Shinde v. Ramanlal Ochhavlal Parikh

Ajay BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 06th APRIL, 2024 CALLED FOR DIRECTION :

Ms. Namita Mestry, Advocate for petitioner.

TP/940/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts and securities belonging to the deceased no. (1)viz. Ramanlal O. Parikh alias Ramanlal Ochhavlal Parikh, who died at Mumbai on 20.12.1995. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Deceased no. (1) has no any identification proof is available, Advocate for Petitioner has filed Affidavit dated 03.11.2023 providing documentary proof, which is annexed at Exhibit - 'C1' to the petition.

(ECHCBM022095 82023) Deceased no. (2) viz. Lilavati R. Parikh alias Leelavati Ramanlal Parikh, who died at United States of America on 28.08.2012. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Copy of Identification proof of deceased no. (2) is already annexed at Exhibit- 'C' to the petition.

2. Advocate for petitioner submits that the said both deceased ordinarily resided at 14, New Building, Madhav wadi, Naigaon Cross Road, Dadar (East), Mumbai-400014 and Deceased No. 2 i.e. Lilavati R. Parikh alias Leelavati Ramanlal Parikh at the time of her death was residing at 9, Priceton Highland BLVD, Pricenton, Franklin Township, Somerset, New Jersey, 08540, United States of America and I or left properties within Greater Bombay and in the State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind by both the deceased surviving as their only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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Ajay - 2 - CONTD.

TP/940/2024

4. Advocate for petitioner submits that both the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (ECHCBM022095 82023)

5. 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 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 14.06.2024 for compliance. 06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR