Bombay High CourtTP/2125/2024grant issued

Usha Jitesh Mistry v. Jitesh Punamchand Mistry

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

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

TP/2125/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None present for the petitioner.

(ECHCBM020405 P.C.: 1. Perused Petition. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Jitesh Punamchand Mistry, who died at Mumbai on 21.04.2021. 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.

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2. Upon perusal of the petition, it is noticed that the said the deceased ordinarily resided at 181, Manek Building, 3rd Floor, V. P. Road, Mumbai - 400 004.

3. Upon perusal of the petition, it is noticed that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 6 of the said petition.

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

5. Upon perusal of the 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 ..... 2

CONTD.

- 2 - TP/2125/2024 credits or any petition for Succession Certificate.

(ECHCBM020405 22024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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