Bombay High CourtTP/2286/2024grant issued

Tushar Shrikant Mangeshikar v. Shalini Shirkant Mangeshikar Shirkant Nagappa Mangeshikar

2024-05-03S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

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

TP/2286/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) None for the parties.

(ECHCBM020544 P.C.: 1. Perused Petition. This petition is for Succession Certificate in respect of certain Securites belonging to the deceased no. (1) viz. SHALINI SHRIKANT MANGESHIKAR,, who died at London, UK on 17.05.1995. 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. That deceased no. (2) viz. Shirkant Nagappa Mangeshikar, who died at Mumbai, on 19.12.2004. 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 the petition, it is noticed that both the said deceased had ordinarily and having permanently residing at 8, Madhav Nivas, Laburnum Road, Gamdevi, Bombay - 400 007.

4. 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. 5 of the said petition.

5. 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.

CONTD.

..... 2 - 2 - ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TP/2286/2024 (ECHCBM020544

6. 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 credits or any petition for Succession Certificate.

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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