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Bombay High CourtTP/1149/2024grant issued

Chinmay Raghuram Prabhu v. Raghuram Narayan Prabhu (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 :

Mr. Jayant Wani, Advocate for petitioner.

TP/1149/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 no. (1) viz. Raghuram Narayan Prabhu, who died at Mumbai on 19.06.2001. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'A-1' to the petition.

And deceased no. (2) viz. Archana Raghuram Prabhu, who died at Mumbai on 30.09.2011. Copy of death certificate is annexed at Exhibit- 'C' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'C-1' to the petition. (ECHCBM02175 042023)

2. Advocate for petitioner submits that the both the said deceased No. (1) above named at the time of his death had a fixed place of abode at in Palkar and Pol Hospital, Borivali(West), Mumba-400103 but Residing at-C/402, Laxmi Narayan Nagar, Eksar Road, Borivali (West), Mumbai-400103 and Deceased no. (2) above named at the time of her death had a fixed place of abode at! C/402, Laxmi Narayan Nagar, Eksar Road, Borivali (West), Mumbai-400103 where they had left property within the Greater Bombay in the state of Maharashtra and Elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind by both the both deceased surviving as their only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 5 of the said petition.

4. Advocate for petitioner submits that both the deceased died intestate and that due and diligent search has been made for Will but none has been found.

Ajay ..... 2 - 2 - CONTD.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TP/1149/2024

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 both deceased or for Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate.

(ECHCBM02175 042023)

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 18.06.2024 for compliance. 06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR