Navin Surinder Kumar Chopra v. Delfina Matilda Braganza (Deceased No.1)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 10th FEBRUARY, 2025 CALLED FOR DIRECTION :

Sr. No. 7 - TP-636-2025 (E-filed) Mr. D. G. Tripathi, 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. Delfina Matilda Braganza, who died at Mumbai on 23.08.2016. 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-2' to the petition.

And Deceased no. (2) viz. Dominic Thomas Braganza, who died at Mumbai on 19.02.2017. Copy of death certificate is annexed at Exhibit- 'A1' to the petition. Copy of identification proof of the deceased no. 2 is annexed at Exhibit - 'A-3' to the petition.

2. Advocate for petitioner submits that the both the deceased at the time of their death had a fixed place of abode at A-3, Vijay Kunj, Opp. Vakola Masjit, Santacruz (East), Mumbai - 400055 and left property viz. Debts within Greater Mumbai, 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 Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

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.

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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 18.03.2025 for compliance. 10.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay