Anil Dhanaji Sarmalkar v. Archana Anil Sarmalkar Alias Archanaanil Sarmalkar (Deceased)

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

Sr. No. 70, TP-3381-2024 (ECHCBM02109802024) Mr. Sameer R. Logade, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Archana Anil Sarmalkar alias Archanaanil Sarmalkar, who died at Mumbai on 11.03.2023. 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.

2. Advocate for petitioner submits that the the said deceased ordinarily resided at Flat No. 205, A Wing, Mandapeshwar Kripa Co - operative Housing Society Ltd., Sardar Vallabhbhai Patel Road, Borivali (West), Mumbai - 400103 and/or left certain Securities elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as her 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 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary Petition 2559 of 2022, directions was given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class- I legal heir. Registry is directed to not to insist for filing / furnishing of Administration Bond." Hence, Administration Bond is dispensed with.

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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 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