Michelle Christina Rodrigues And 2 ORS v. Russell Michael Joseph Rodrigues (Deceased No. 1)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th June, 2025 CALLED FOR COMPLIANCE :

TP/1303/2025 (E-filing) Ms.Nilanjana Shah, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioners namely Michelle Christina Rodrigues, Karen Rodrigues Lobo and Nigel Peter Albert Rodrigues all are daughters and son of both the deceased. Deceased No. 1 namely Russell Michael Joseph Rodrigues died intestate at Mumbai on 14.12.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is already annexed to the petition. Deceased No. 2 namely Joyce Slatha Rodrigues died intestate at Mumbai on 08.03.1998. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 21.02.2025 for dispensation of identification proof of deceased No. 2. The same is accepted.

2. Ld. Advocate for petitioner submits that both the deceased were husband and wife. Parents of deceased No. 1 predeceased the deceased. Wife of deceased No. 1 predeceased the deceased. Deceased No. 1 was survived by two married daughters and one son who are petitioners herein. Parents of deceased No. 2 predeceased the deceased. Husband of deceased No. 2 died on 14.12.2021. Deceased No. 2 was survived by two married daughters and one son who are petitioners herein. There are no other legal heirs. However, there is no averment in the petition and in the schedule of the petition that the securities mentioned therein are jointly held by both the deceased. In view of this, term estate within meaning of section 23 of the Maharashtra Court Fees Act, 1959, is separate estate and petitioner is required to pay separate court fees for each deceased.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 23.04.2025 and Administration Bond dated 20.05.2025 are filed. Delay is explained and same is condoned.

4. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter. Hence, remove from board. 16.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR