Saifee Jafferbhai Mahabaleshwarwala v. Jafarbhai Sarafali Mahabaleshwarwala Alias Jafarbhai Mahabaleshwarwala

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

Mr. Prabhu Velar i/b. Ms. Bina Shivhare, Advocate for petitioner.

TP/1270/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) (ECHCBM020032 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.

Jafarbhai Sarafali Mahabaleshwarwala alias Jafarbhai Mahabaleshwarwala alias Jaffer Sarafali Mahablesh Warwala, who died at Mumbai on 16.12.2002. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Advocate for petitioner submits that since the identification proof of the deceased is not available they have filed Affidavit dated 04.10.2023 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken due case and diligent search but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit of dispensation of identification proof of the deceased is annexed at Exhibit - 'A-1' to the petition. 52024)

2. Advocate for petitioner submits that the said deceased had a fixed place of abode at Porbunder Castle, 2M floor, C-Block,3rd Pasta Lane, Opp.Bharat Gas Co, Colaba, Mumbai-400005 and left property within Greater Bombay Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Mohammedan Law Succession Act, 1956 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/1270/2024 (ECHCBM020032

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.

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 non-consenting 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 20.06.2024 for compliance. 06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR