Harshavardhan Mansukhlal Vora v. Ashrumati Mansukhlal Vora (Deceased)

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 26th July'2024 Sr. No. 101 -TP/3614/2024 (ECHCBM02125772024) Ms. Jyoti Badgujar, Advocate i/b. Lakdawala & Co. for the petitioner.

Called for Direction :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts belonging to the deceased no. (1) viz. Ashrumati Mansukhlal Vora alias Vora Ashrumati alias Ashrumati M. Vora alias Ashrumati Vora, who died at Mumbai on 08/11/1990. Copy of death certificate is annexed at Exhibit- A to the petition. And deceased no. (2) viz. Mansukhlal Khimchand Vora alias Vora Mansukhlal alias Mansukhlal K. Vora alias Mansukhlal Vora who died at Mumbai on 12/08/1997. Copy of death certificate is annexed at Exhibit- B to the petition Advocate for petitioner submits that since identification proof of the deceased No. 1 and 2 is not available petitioner had filed Affidavit dated 03.06.2024 for dispensation of identification proof of the deceased no. 1 and 2.

After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased no. 1 and 2 is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased no. 1 and 2. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as Exhibit "C' to the petition.

2.

Advocate for the petitioner submits that both the deceased ordinarily resided at 274 Shakti Nivas, lst floor, Block No. 6, Deodhar Road, Matunga, Mumbai - 400 019 and left property within Greater Mumbai in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that both the legal heirs left behind the deceased surviving as their only heirs next-ofkin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

4.

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 No. 2559 of 2022 directions were 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, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

5. Advocate for petitioner submits that both the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

6. 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.

7. 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.

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 09.09.2024 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR