Bombay High CourtTP/920/2024grant issued

Piyush Dinesh Mehta v. Sushila Dinesh Mehta Deceased

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/920/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. A. Desai i/b. Ms. Ankita Gala, Advocate for petitioner.

(ECHCBM020248 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 viz. Sushila Dinesh Mehta, who died at Mumbai on 03.12.2023. 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.

52024)

2. Advocate for petitioner submits that the said Deceased abovenamed was residing at the time of her death at Flat No. 5, J. M. Dham, Opp. Tilak Nagar Post Office, Dombivali (East), Kalyan - Dombivali, Thane 421201 and having permanent address at S/13/7, Apurva Apartment, Goverdhan Nagar, LBS Marg, Mulund (West), Mumbai 400080 and she 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 his 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.

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Ajay - 2 - CONTD.

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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.

TP/920/2024 (ECHCBM020248 52024)

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 14.06.2024 for compliance.

06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR