Bhargav Mahendra Barbhaiya v. Mahendra Chandulal Barbhaiya Alias Mahendrabhai Chandulal Barbhaiya And ANR

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

Sr. No. 53 - TP-3259-2024 (ECHCBM02028022024) Mr. Atish Mahade, 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. Mahendra Chandulal Barbhaiya alias Mahendrabhai Chandulal Barbhaiya, who died at Mumbai on 12.08.2002. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of identification proof of the deceased no. 1 is annexed at Exhibit - 'B' to the petition.

And Deceased no. (2) viz. Tarla Mahendra Barbhaiya alias Tarla Jayantial Nirmal, who died at Mumbai on 28.05.2014. Copy of death certificate is annexed at Exhibit- 'C' to the petition. Copy of identification proof of the deceased no. 2 is annexed at Exhibit - 'D' to the petition. Advocate for petitioner to correct the name of the deceased no. 2 in Cause Title of the petition.

2. Advocate for petitioner submits that the both the deceased at the time of their death had a fixed place of abode at B- 1/ 61 Technocrat Society, Bombay Dyeing Lane Prabhadevi - 400025, and/or has left property within Mumbai in the State of Maharashtra.

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. 6 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.

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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 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 04th September, 2024 for compliance. 26.07.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay