Nemji Morarji Chheda v. Morarjee Malshi Chheda Alias Morarji Malshi Cheeda Alias Morarji M Chheda

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 3rd May'2024.

Sr. No. - 10 - TP/1434/2024 (ECHCBM02206632023) Mr. Sudhir Yadav, Advocate for the petitioner. Called for direction :

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts and securities belonging to the deceased viz. (1) Morarjee Malshi Chheda alias Morarji Malshi Cheeda alias Morarji M. Chheda and (2) Nanbai Morarji Chheda alias Nanabai Morarjee Chheda alias Nanbai M. Chheda. Deceased No.(1 ) died at Valsad, Gujarat on 11.06.1992 and deceased No. (2) died at Mumbai on 5th day of December, 2013. Copy of death certificate is annexed at Exhibit -'A' & "B" to the petition respectively. Copy of the identification proof of the deceased is annexed at Exhibit "A1" & "B1" to the petition respectively.

2.

Advocate for petitioner submits that the said deceased No. (1) ordinarily resided at Sahyog Nagar, Tithal Road, Valsad in the State of Gujarat and having his permanent address at 213 Narsi Natha Street,

Mumbai- 400009 and/or left property within Greater Bombay and in the State of Maharashtra and elsewhere in India. And Deceased No. (2) ordinarily resided at 213 Narsi Natha Street, Mumbai- 400009 and/or left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

Pursuant to the 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 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.

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

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.

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 nonconsenting 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 01.07.2024 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR