Bombay High CourtTP/3616/2024grant issued

Sayed Munira Begum Kadri v. Sayed Alam Shah Kadri (Deceased)

2025-02-15Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Sr. No. 9 - TP / 3616 / 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 15th February, 2025 CALLED FOR COMPLIANCE :

Sr. No. 9 - TP / 3616 / 2024 (E-filing) Ms. Pragati Khaire i/b. Mr. R. L. Gonsalves, Advocate for petitioner.

1. Perused the Petition. Heard Ld. Advocate for petitioner. Advocate for petitioner submits that in the schedule of the next-of-kin at para no. 4 of the petition, the name of the petitioner is repeatedly mentioned. Advocate for petitioner requests time to carry out correction the para no. 4 of the petition. The said request is accepted. Advocate for petitioner will carry out necessary corrections within one week from today. At request Re-verification dispensed with.

2. I have perused the petition as well as perused all the orders, in the order dated 13.01.2025 passed by the Hon'ble Court, Where the Hon'ble Court recorded the statement of the Advocate at para no. 2 as under:

"2. Learned Counsel appearing on behalf of the Petitioner points out that all the legal heirs of the deceased have consented to the grant of Succession Certificate in favour of the Petitioner. He, therefore, submits that there is no need to justify surety of the non-contesting legal heirs or to furnish Administration Bond. He submits that the Petitioner is presently in Canada.

Sr. No. 9 - TP / 3616 / 2024

3. Having due regard that all the legal heirs of the deceased have consented to the issuance of the Succession Certificate in favour of the Petitioner, the question of the Petitioner to justify surety of the the non-contesting legal heirs or to furnish Administration Bond, therefore, does not arise." hence, as per the direction of the Hon'ble Court, today this matter is listed on Board.

3. Advocate for petitioner produced the Consent affidavit of legal heir viz. Syed Amer Shah Kadri and she has made statement before the Hon'ble Court that the said Syed Amer Shah Kadri as well as Sayed Shahz Alam Kadri have given their consent in the present petition, were it has been observed that the Consent Affidavit of Syed Amer Shah Kadri is not filed in the Registry and it is not produced before me. Advocate for petitioner is directed to bring all the papers, which are filed in the Registry produce before me on next adjourned date.

4. List the matter on 21.02.2025 (FOB).

15.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay