Bombay High CourtTP/3505/2024grant issued

Dipika Kalyan Mitra v. Kalyan Krishna Mitra Alias Kalyan K. Mitra Alias Kalyan Mitra

2024-07-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

Sr. No. 91, TP-3505-2024 (ECHCBM02117722024) Ms. Sonal Sengur i/b. M/s. Wadia Ghandy and Co., 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. Kalyan Krishna Mitra alias Kalyan K. Mitra alias Kalyan Mitra, who died at Mumbai on 28.08.2018. 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 said Deceased ordinarily resided at Laxmi Building, Flat Nos. 3 & 4, 2nd Floor, 35/37, Kennedy Bridge, Opera House, Mumbai- 400004 and left property within Greater Mumbai and in the State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition. Advocate for petitioner is directed to specify the shares of petitioner in the estate of the deceased.

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.

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2 TP-3505-2024

5. 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 09th September, 2024 for compliance. 26.07.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay