Mukesh Chandiram Punwani v. Mohini Tejumal Punwani And ANR

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

Sr. No. 19, TP-109-2025 (AMH20230045333C202400001) Mr. Devendra Tilak, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Debts belonging to the deceased no. (1) viz. Mohini Tejumal Punwani, who died at Pune on 30.07.2017. 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. Maya Tejumal Punwani, who died at Mumbai on 31.01.2021. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Copy of identification proof of the deceased no. 2 is annexed at Exhibit - 'B-1' to the petition.

2. Advocate for petitioner submits that the both the deceased ordinarily resided at 36, 4th Floor, Colaba Kalpana Co-op. Housing Society Ltd., 2nd Pasta Lane, Colaba, Mumbai - 400005 and/or left property 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. 6 of the said petition.

4. Advocate for petitioner submits that the deceased no. 1 viz. Mohini Tejumal Punwani died by making the Will, and the Letters of Administration through petition No. 3235 of 2022 has been issued on 15.12.2023. Some of the movable property of the deceased has not been mentioned in the Will, hence the present petition herein is filing the present petition before this Hon'ble Court.

...2

2 TP-109-2025 Advocate for petitioner also submits that deceased no. 2 viz. Maya Tejumal Punwani died intestate without making an Will, but both the deceased have joint Bank accounts more particularly mentioned in Exhibit-F, at Schedule-I, hence for the said Debts, the present petition is filed by the petitioner.

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