Parag Manilal Shah v. Usha Manilal Shah

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

Mr. Hemant Hasnale, Advocate for petitioner.

TP/1976/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.: 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. Usha Manilal Shah, who died at Mumbai on 03.02.2013. Copy of death certificate is annexed at Exhibit- 'A' to the petition, And (ECHCBM021924 62023) Deceased no. (2) viz. Shah Manilal Nanchand alias Manilal Nanchand Shah, who died at Mumbai on 19.02.2013. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Advocate for petitioner submits that since the identification proof of the both deceased are not available they have filed Affidavit dated 01.09.2023 for dispensation of identification proof of the deceased.

After perusal of the same it is found that the petitioner has mentioned that they had taken due case and diligent search but the said identification proof of the both deceased are not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the both deceased. The said request is accepted. Copy of Affidavit of dispensation of identification proof of the deceased is annexed at Exhibit - 'C' to the petition.

2. Advocate for petitioner submits that the the said Deceased No. 1 at the time of her death had a fixed place of abode at 197/7, Uday Building, R.B. Mehta Marg, Ghatkopar (East), Mumbai - 400 077 and Deceased No. 2 at the time of his death had a fixed place of abode at 197/7, Uday Building, R.B. Mehta Marg, Ghatkopar (East), Mumbai - 400 077, and left properties within Greater Bombay and in the State of Maharashtra and throughout India

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3. Advocate for petitioner submits that the legal heirs left behind the both deceased surviving as their only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

CONTD.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TP/1976/2024 (ECHCBM021924 62023)

4. Advocate for petitioner submits that the both 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 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 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 03.07.2024 for compliance. 03.05.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR