Ramesh Bhai Ladva v. Parvatiben Rameshbhai Ladva.(Deceased)
1 TP BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 31st July'2024 Sr. No. - 32 -TP/2611/2024 (ECHCBM02148362023) Mr. Sushant Mishra, Advocate for the petitioner. Called for Compliance Advocate for the petitioner is directed to carry out correction into the title of the petition as the relation with the deceased is not mentioned. He will carry out the correction within 2 weeks.
Advocate for the petitioner undertakes to comply the above mentioned direction.
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. Parvatiben Rameshbhai Ladva who died at Ulhasnagar on 23.04.2021. Copy of death certificate is annexed at ExhibitA to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "A1" to the petition. 2.
Advocate for the petitioner submits that the deceased ordinarily resided at Room No, 38, Kailash Sinrgh Chawl, Shraddhanand Road, Behind lephon Exchange, Vile Parle East Mumbai Maharashtra- 400057.
3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin
2 TP according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.
4. Advocate for petitioner submits that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.
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.
b. Advocate for the petitioner to file Affidavit of Service of General Notice and also effect service upon nonconsenting 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 11.09.2024 for compliance. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR