Tinku Barun Kumar Bhattacharya v. Barun Kumar Bhattacharya (Deceased)

Ajay BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 03rd MAY, 2024 CALLED FOR DIRECTION :

TP/1933/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present for parties.

P.C.: 1. Perused the Petition. This petition is for Succession Certificate in respect of certain Debts belonging to the Deceased viz. Barun Kumar Bhattacharya, who died at Mumbai on 07.02.2021. 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.

2. Upon perusal of petition, it is noticed that the said deceased at the time of his demaise had a fixed place of abode at Kalyan, Mumbai, and left property within Greater Mumbai and within the State of Maharashtra.

(ECHCBM022028 92023)

3. "The Hon'ble Court (CORAM : Hon'ble Shri Manish Pitale J.) on 29th September, 2023 passed direction in TP No. 233 of 2022 in which the Hon'ble Court decided the issue of jurisdiction under Section 371 of Indian Succession Act and decided the jurisdiction of this Hon'ble Court. In view of the order dated 29th September, 2023, the present petition proceed further."

4. Upon perusal of petition, it is noticed that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

5. Upon perusal of petition, it is noticed that the said deceased died intestate and that due and diligent search has been made for Will but none has been found. ..... 2

Ajay CONTD.

- 2 - ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TP/1933/2024

6. Upon perusal of petition, it is noticed 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.

(ECHCBM022028 92023)

7. 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 03.07.2024 for compliance.

03.05.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR