Rajan Hasmukhlal Kapashi v. Hasmukhlal Mohanlal Kapashi

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

TP/2142/2024 None present for parties.

(ECHCBM022012 P.C.: 1. Perused the Petition. This petition is for Succession Certificate in respect of certain Debts and Securities belonging to the deceased no. (1) viz. Hasmukhlal Mohanlal Kapashi who died at Mumbai on 15.04.2015. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'A-1' to the petition.

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2. Deceased No. (2) Jashvanti Hasmukhlal Kapashi, at Mumbai on 14.01.2022. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'B-1' to the petition.

3. Upon perusal of petition, it is noticed that the said Deceased No.1 ordinarily resided at 505 B, Poonam Apartments, Dr. Annie Besant Road, Opp Nehru Planetarium Worli, Mumbai - 400 018, and/or left property within Greater Bombay and in d1e State ofMaharashtra and elsewhere in India.

4. That the said Deceased No. 2 died at Gandhi Nursing Home, 106, Garden View Shastri Nagar, Near Lokhandwala Complex, Andheri (West), Mumbai- 400053 and having her permanent address at 505 B, Poonam Apartments, Dr. Annie Besant Road, Opp Nehru Planetarium Worli, Mumbai - 400 018 ancllor left property ..... 2

CONTD.

- 2 - within Greater Bombay and in the State of Maharashtra and elsewhere in India.

TP/2142/2024 (ECHCBM022012

5. 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 Hindu Succession Act, 1956 are mentioned in para no. 6 of the said petition.

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6. 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.

7. 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.

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 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 08.07.2024 for compliance.

03.05.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR