Marilyn Joan Noronha v. Gertrude Thecla Mathias (Deceased)

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

Sr. No. 139 - 1697 of 2024 (ECHCBM02006502024) Ms. Jyoti Badgujar, Advocate i/b. S. U. Lakdawala 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 viz. Gertrude Thecla Mathias alias Gertrude T. Mathias alias Gertrude Mathias who, died at Bengaluru Karnataka on or about 10.02.2023. Copy of death certificate is is annexed as Exhibit "A" to the petition. Copy of identification proof of the deceased annexed at Exhibit- "B" to the petition.

2.

Advocate for the petitioner submits that the deceased ordinarily resided at Augustine Nivas Koramangala BBMP Bengaluru Karnataka 560 095 and left property within Greater Mumbai and in the State of Maharashtra.

Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as her only heirs next-of-kin according to Indian Succession Act, 1925 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