Devkinandan Ramsaran Mehra v. Ramsaran Prabhudayal Mehara (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 15th June, 2024 CALLED FOR DIRECTION :

Sr. No. 3 - TP-2507-2024 (ECHCBM02023002024) Mr. Ajit Shrikhande, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Debts and Securities belonging to the deceased no. (1) viz. Ramsaran Prabhudayal Mehra alias Shri Ramsaran Mehra alias Ramsaran Prabhudayal Mehra, who died at Mumbai on 24.06.1977. Copy of death certificate is annexed at Exhibit- 'A' to the petition.

And Deceased no. (2) viz. Kesaradevi Ramsaran Mehra alias Kesaradevi Mehra alias Kesaradevi R. Mehra, who died at Mumbai on 20.10.1981. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Advocate for petitioner is directed to file Identification proof of the both the deceased.

2. Advocate for petitioner submits that the both the deceased at the time of their death had a fixed place of abode at 11, Alka CHSL, Dadabhai Road, Vile Parle (West), Mumbai 400 056 and both left property within Greater Mumbai and in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind both the deceased surviving as their only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 5 of the said petition.

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. ...2

2 TP-2507-2024

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. Petition Expedited.

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 15th July, 2024 for compliance. 15.06.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay