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Bombay High CourtTP/1977/2024grant issued

Paresh Amrutlal Parekh v. Jayaben Amrutlal Parkeh

2024-05-03Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

TP/1977/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Hemant Hasnale, Advocate for petitioner.

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. Jayaben Amrutlal Parekh, who died at Mumbai on 29.03.2019. Copy of death certificate is annexed at Exhibit- 'A' to the petition and copy of Identification proof of deceased no. 1 is already annexed at Exhibit- 'A1' to the petition, And Deceased No. (2) viz. Shefali Paresh Parekh, who died at Mumbai on 20.07.2008.

Copy of death certificate is annexed at Exhibit- 'B' to the petition and copy of Identification proof of deceased no. 2 is already annexed at Exhibit 'B1' to the petition.

2. Advocate for petitioner submits that the said Deceased No. 1 at the time of her death had a fixed place of abode A-1801, Raj Grandeur, Behind L. H. Hiranandani Hospital, Powai, Mumbai- 400 076 and Deceased No. 2 at the time of her death had a fixed place of abode 1102 E, Kukreja Palace, Vallabh Baug Lane, Ghatkopar (East), Mumbai - 400 077 and both left properties within Greater Bombay and in elsewhere in India.

(ECHCBM022187 22023)

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. ....2

Ajay CONTD.

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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.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TP/1977/2024 (ECHCBM022187 22023)

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 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