Krishnanand Sooryanarayan Turme v. Shalini Suryanarayan Turme (Deceased No. 1)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 09th January, 2025 CALLED FOR DIRECTION :

Sr. No. 2 - TP-22-2025 (AMH20230040588C202400003) Mr. Redij Abhay Gajanan, Advocate for petitioner.

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. Shalini Suryanarayan Turme who died at Mumbai on 05.03.2013. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of identification proof of the deceased no. 1 is annexed at Exhibit - 'A-1' to the petition.

And Deceased no. (2) viz. Suryanarayan Mangesh Turme alias Sooryanarayan Turme alias Suryanarayan Turme, who died at Mumbai on 18.04.2015. Copy of death certificate is annexed at Exhibit- 'A-2' to the petition. Copy of identification proof of the deceased no. 2 is annexed at Exhibit - 'A-3' to the petition. Advocate for petitioner is directed to replace the word "Bank Balance" to "Debts" in Cause title and the prayer of the petition. Advocate for petitioner to carry out all consequential corrections. Re-verification dispensed with.

2. Advocate for petitioner submits that the both the deceased the time of their death had a fixed place of abode at Flat No.13, 1st floor, Tardeo Apartments Co-operative Housing Society Limited, 245, Tardeo Road (J.D.Marg), Mumbai 400 007 and left property within Greater Mumbai 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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4. Advocate for petitioner submits that the both deceased died intestate and that due and diligent search has been made for Will but none has been found.

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 12.02.2025 for compliance. 09.01.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay