Sunita Dhananjay Sharma v. Mr. Mahabir Prasad Sharma And Mrs. B Imal Sharma
1 TP 2792 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 15th June'2024.
Sr. No. -52 TP/2792/2024 (ECHCBM02024842024) Ms. Anjali Trivedi, Advocate for the petitioner. Called for direction :
1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts and securities belonging to the deceased No. (1)viz. Mahabir Prasad Sharma, who died at Kolkata on 02.03.2015. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "C" to the petition. And deceased No. (2) Bimla Sharma, who died at Delhi on 01.05.2021. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "D" to the petition 2.
Advocate for petitioner submits that the said deceased No. (1) ordinarily resided at l /2-B, Ballygunge Place (East), 2nd Floor, Flat No.9, Kolkata -700 019 and has left properties within the city of Mumbai and the State of Maharashtra and elsewhere in India.
Advocate for the petitioner submits that the said deceased No. (2) ordinarily resided at 68, C 3, Janakpuri B1 , S.O, Janakpuri, West Delhi, Delhi - 110 058 and has left properties within the city of Mumbai and the State of Maharashtra and elsewhere in India.
Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under
2 TP 2792 of 2024 section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.
3. Advocate for petitioner submits that, both the said deceased died intestate and that due and diligent search has been made for the Will but none has been found. 4.
Advocate for petitioner submits that the legal heirs left behind by both the deceased surviving as their only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.
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 and also justify surety of non-consenting legal heirs and furnish Administration Bond within one week thereafter.
3 TP 2792 of 2024 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 22.07.2024 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR