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Bombay High CourtTP/575/2024grant issued

Atmaram Anandrao Patil v. Yashwant Gopal Patil

2024-02-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Ajay BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 23rd FEBRUARY, 2024 CALLED FOR DIRECTION :

TP/575/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sushil A. Inamdar, Advocate for petitioner. P.C.: 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. Yashwant Gopal Patil, who died at Mendh, Patan, Satara on 01.05.2014. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'A-1' to the petition.

(ECHCBM021112 72023) Deceased no. (2) viz. Suman Yashwant Patil, who died at Mumbai on 14.12.2013. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'B-1' to the petition.

2. Advocate for petitioner submits thatthe said deceased no.1 at the time of her death was residing at Mendh, Tal-Patan, Dist-Satara, and left properties within Greater Karad in the Government of Maharashtra. That the said deceased no. 2 at the time of his death was residing at 15, Haribhavan Building Room No.

5, Dadisheth, Agyar Lane, Navi wadi, Ground Floor, Thakurdwar, Mumbai - 400 002.

400607and left properties within Greater Mumbai in the State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as them only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 5 of the said petition. .....2

Ajay CONTD.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) - 2 -

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

TP/575/2024 (ECHCBM021112

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.

72023)

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 nonconsenting 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 16.04.2024 for compliance.

23.02.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR