Abdullah Mubarak Momin v. Mubarak Papalal Momin (Deceased)

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

Sr. No. 133 - 1668 of 2024 (ECHCBM02006852024) Mr. Hemant Hasnale, 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 debts belonging to the deceased Mubarak Papalal Momin, Sunni muslim who, died at Mumbai on 08.07.2017. Copy of death certificate is and copy of identification proof of the deceased annexed at Exhibit- 'A' to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "A1" to the petition.

2.

Advocate for the petitioner submits that the deceased ordinarily resided at Room No. 12, 2nd floor. A. R. Dias Building, K. R. Street, Grant Road East, Mumbai - 400 007 and left property within Greater Bombay in the State of Maharshtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as her only heirs next-of-kin according to Muslim Shariya Law 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.

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 26.06.2024 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR