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Bombay High CourtTP/2120/2024grant issued

Cyrus Behram Doongaji v. Dr. Motoo Hormasji Gandhi

2024-05-03Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

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

TP/2120/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Mandakini Kumari Shah, Advocate for petitioner.

(ECHCBM020678 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 viz. Dr. Motoo Hormasji Gandhi alias Dr. M. H. Gandhi alias Ms. Motoo H. Gandhi, who died as Spinster at Mumbai on 30.08.2008. 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.

72024)

2. Advocate for petitioner submits that said Deceased at the time of her death had a fixed place of abode at A.H. Wadia Baug, Building No. 3, Flat No. 24, Parel Tank Road, Mumbai 400033, and left property within India.

3. 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.

4. 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 .... 2

Ajay CONTD.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) - 2 - TP/2120/2024 Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate.

(ECHCBM020678 72024)

5. 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