Bharti Vilas Gaitonde v. Vilas Diwakar Gaitonde
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 15th June, 2024 CALLED FOR DIRECTION :
Sr. No. 20 - TP-2606-2024 (ECHCBM02228782024) None present for parties.
1. Perused Petition. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Vilas Diwakar Gaitonde, who died at Mumbai on 09.05.2022. 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, which is illegible. Advocate for petitioner is directed to file legible identification proof of the deceased.
2. Upon perusal of petition, it is noticed that the said Deceased had a fixed place of abode at 702, Avanish Heights, Saraswati Baug, Near Rameshwar Mandir, Jogeshwari (East), Mumbai - 400 061 and resided at the same place at the time of his death within Greater Bombay and in the State of Maharashtra and elsewhere in India.
3. 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. 4 of the said petition. "Pursuant to order dated 02.02.2024 passed by Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, directions was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond." Hence, Administration Bond is dispensed with.
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4. 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.
5. 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.
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.
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