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Bombay High CourtTP/3618/2024grant issued

Geetanjali Ramakant Golatkar v. Ramakant Bapu Golatkar (Deceased)

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

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 26th July'2024 Sr. 103 - TP/3618/2024 (ECHCBM02130182024) 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 securities belonging to the deceased viz. Ramakant Bapu Golatkar alias Ramakant B. Golatkar alias Ramakant Golatkar who died at Mumbai on 25.01.2010. Copy of death certificate is annexed at Exhibit- A to the petition. Copy of the identification proof of the deceased is annexed as Exhibit "B' to the petition.

2.

Advocate for the petitioner submits that the deceased ordinarily resided at 3/118, Bhakti Bldg., Nanabhai Paralkar Marg, Parel Village, Mumbai - 400 012 and left property within Greater Bombay.

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.

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 nonconsenting 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 11.09.2024 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR