Deepak Kodarbhai Patel v. Kodarbhai Patel Alias Kodarbhai Madhobhai Patel Alias Kodarbhai Madhubhai Patel

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

TP/1279/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kinjal Desai i/b. Ms. Dipti Shah, Advocate for petitioner.

(ECHCBM020306 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. Kodarbhai Patel alias Kodarbhai Madhobhai Patel alias Kodarbhai Madhubhai Patel, who died at Mumbai on 19.04.2000. 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, which is not as per Rules. Advocate for petitioner is directed to file Identification proof of the deceased.

72024)

2. Advocate for petitioner submits that the said deceased ordinarily resided and having his abode at the time of his death at, 405, A-1, Tapovan Krishna Dham, Rani Sati Marg, Malad (East), Mumbai - 400097 and left property within the limits of Greater Mumbai and within 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 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/1279/2024 (ECHCBM020306 72024)

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 20.06.2024 for compliance.

06.04.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR