Kokila Rajnikant Makwana v. Rajnikant Chagan Makwana Deceased

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th December'2024.

Sr. No. - 1-TP/3684/2024 (ECHCBM02079612023) Mr. Vivek Sharma, 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 belonging to the deceased viz. Rajnikant Chagan Makwana who died at Mumbai on 27.11.2020. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. Advocate for the petitioner is directed to delete the word "credits" and replace the same with word "debts" in the cause title and prayer clause of the petition. Advocate for the petitioner will upload the corrected version and he will get it approved. Reverification is dispensed with.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at St. George Hospital, New Shraddha Building, Near Arogya Bhuvan, Room No. 11, 294 Floor, Mumbai 400001 and left monetary balance within the area of Greater Bombay Maharashtra.

3. Advocate for petitioner submits that, 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 the deceased surviving as his only heirs nextof-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 four 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 03.02.2025 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR