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Bombay High CourtTP/1075/2024grant issued

Aban Raisinghani v. Minocher Kaikhushroo Jabulee Alias Minocher Kaikhushro Jabulee Alias Minocher Kekhshru Jabulee

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/1075/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prabhu Velar i/b. M/s. Arora and Co., Advocate for petitioner.

(ECHCBM022074 P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. Minocher Kaikhushroo Jabulee alias Minocher Kaikhushro Jabulee, Minocher Kekhshru Jabulee alias Minucher Kekhshru Jabulee alias Minocher K.

Jabulee alias Minocher K. Jabuli alias Minocher Kaikhushru Jabulee alias Minucher K. Jabulee alias Minoocher Kekhshru Jabulee alias M.K. Jabulee alias Minoo K. Jabulee alias M.K. Jabuli alias Minocher Kekhushro Jabooli, who died at Mumbai on 18.10.1990. Copy of death certificate is annexed at Exhibit- 'A' to the petition. As no identification proof is available, Advocate for Petitioner has filed Affidavit dated 07.10.2023 providing documentary proof, which is annexed at Exhibit- 'A1' to the petition. 32023)

2. Advocate for petitioner submits that the said deceased at the time of his death had a fixed place of abode at B/25, Navyug Niwas, 3rd floor, Lamington Road (now known as Dr. D Bhadkamkar Marg), Grant Road East, Mumbai - 400007 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 Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

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Ajay CONTD.

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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/1075/2024 (ECHCBM022074 32023)

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 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