Mrs. Uma Jayant Shah v. Ramanlal Nagardas Shah (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 26th July, 2024 CALLED FOR DIRECTION :

Sr. No. 44, TP-3100-2024 (ECHCBM02086032024) None present for parties.

1. Perused Petition. This petition is for Succession Certificate in respect of certain Debts and Securities belonging to the Deceased No. (1) viz. Ramanlal Nagardas Shah (alias Ramanbhai), who died at California 90703, USA on 03.12.2004. Copy of death certificate is annexed at Exhibit- 'A' to the petition.

And Deceased No. (2) viz. Kumudben Ramanlal Shah (alias Kumudben, Kumud R, Kumud Ramanlal), who died at Mumbai on 09.10.1992. Copy of death certificate is annexed at Exhibit- 'A-1' to the petition. Advocate for petitioner is directed to file identification proof of the both the deceased.

2. Upon perusal of petition, it is noticed that the said both deceased ordinarily resided at Mumbai and /or left property 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 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. Upon perusal of petition, it is noticed that the both deceased died intestate and that due and diligent search has been made for Will but none has been found.

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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 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 02nd September, 2024 for compliance. 26.07.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay