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Bombay High CourtTP/814/2024grant issued

Neema Haresh Harisinghani v. Bhagwanti Goklani Alias Bhagwanibai Shamdas Goklani Alias Bhagwanti Shamdas Goklani Alias Bhagwanti

2024-04-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Ajay BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 06th APRIL, 2024 CALLED FOR DIRECTION :

TP/814/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. A. Desai i/b. Ms. Ankita Gala, Advocate for petitioner.

(ECHCBM022379 P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Debts and Securities belonging to the deceased viz. BHAGWANTI GOKLANI alias BHAGWANIBAI SHAMDAS GOKLANI alias BHAGWANTI SHAMDAS GOKLANI alias BHAGWATI S.

GOKLANI, who died at Ulhasnagar on 01.04.2010. Copy of death certificate is annexed at Exhibit- 'A' to the petition. As identification proof of deceased is not available available, Advocate for Petitioner has filed Affidavit dated 15.12.2023 providing documentary proof of the deceased, which is annexed at Exhibit - 'B' to the petition.

92023)

2. Advocate for petitioner submits that he said Deceased abovenamed at the time of her death had a fixed place of abode at 301, B Wing, Shiv Sagar CHS, Punjabi Colony, Ulhasnagar - 3, Thane District, and left property within Greater Bombay and in the State of Maharashtra

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as her only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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. ..... 2

Ajay CONTD.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) - 2 - TP/814/2024

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.

(ECHCBM022379 92023)

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 12.06.2024 for compliance.

06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR