Darshil Amitkumar Shah Alias Darshil Amit Shah v. Amit Kumar Rajnikant Shah Alias Amit Rajanikant Shah

BEFORE : P. P. BHAIDKAR I/c. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 1st March'2024.

Sr. No. 2 - TP 650 of 2024 (ECHCBM02033722023) None for the petitioner.

Called for direction

1. Perused Petition. This petition is for Succession Certificate in respect of certain debts and Securities belonging to the deceased viz. Amitkumar Rajnikant Shah alias Amit Rajanikant Shah alias Amit R. Shah alias Amit Rajnikant Shah alias Amit Shah., who died at Rakhiyal, Gujarat on 18.05.2005. Copy of death certificate is annexed at Exhibit- A to the petition. Copy of Identification proof of deceased is already annexed at Exhibit-B to the petition.

2.

Upon perusal of the petition it is noticed that the deceased ordinarily resided at 209/B, Devi Sadan, Room No. 7, 1st Floor, Dr. Ambedkar Road, Matunga:- 400019 and/or left property within Greater Mumbai and in the State of Maharashtra.

3. Upon perusal of the petition it is noticed that the legal heirs left behind the deceased surviving as his only heirs nextof-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

4. Upon perusal of the 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 the 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.

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 nonconsenting legal heirs, if any as per Rules 399. Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir. 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 05.04.2024 for compliance. I/c. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR