Ashutosh Malpani Son Of Pratap Malpani v. Pratap Balkrishnadas Malpani Alias Pratap Malpani

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6th April'2024.

Sr. No. 123 - 1638 of 2024 (ECHCBM02031552024) Ms. Seema Hunurkar, Advocate for the petitioner. Called for direction

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. Pratap Balkrishnadas Malpani alias Pratap Malpani died at Bangalore, Karnataka on or before 14.02.1990. Copy of death certificate is annexed at Exhibit- A to the petition. Copy of Identification proof of deceased is already annexed at ExhibitC to the petition. And deceased No. (2) viz. Vibha Pratap Malpani alias Vibha Malpani, died at Bangalore, Karnataka on or before 14.02.1990. Copy of death certificate is annexed at Exhibit- A to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- D to the petition 2.

Advocate for the petitioner submits that both the deceased ordinarily resided at G.P. Malpani, 3rd Floor, Dhanalaki Bldg., No. 7, Hataria Marg, Mumbai - 400016 respectively and left properties in the Greater Mumbai and in the State of Maharashtra.

3. Advocate for petitioner submits that both the legal heirs left behind the deceased surviving as their only heirs next-ofkin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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

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 nonconsenting 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 24.06.2024 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR