Dinesh Thakorlal Tailor v. Tailor Thakorlal Uttam Alias Uttamram Thakorlal Tailor

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

Sr. No. 18, TP-105-2025 (AMH20230035976C202400014) None present for parties.

1. Perused Petition. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Tailor Thakorlal Uttamram alias Uttamram Thakorlal Tailor, who died at Mumbai on 06.10.1987. Copy of death certificate is annexed at Exhibit- 'A' to the petition. As no identification proof is available, Advocate for Petitioner has filed Affidavit dated 22.11.2024 providing documentary proof. The same is accepted.

2. Upon perusal of petition, it is noticed that the said deceased ordinarily resided and at the time of his death had a fixed place of abode at 175, Bazar Gate Street, Mumbai 400001 which is well within the Jurisdiction of this Hon'ble Court and she left his property within Greater Bombay in the State of Maharashtra.

3. Upon perusal of petition, it is noticed that the legal heirs left behind by 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. Upon perusal of petition, it is noticed that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

5. Upon perusal of petition, it is noticed 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.

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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