Naved Ibrahim Charolia v. Mariam Ibrahim Charolia Alias Smt. Mariam Ibrahim Charolia (Deceased)

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 26th July'2024 Sr. No. 106 -TP/3625/2024 (ECHCBM02067502024) Mr. Ajit Hodage, Advocate 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. Mariam Ibrahim Charolia alias Smt. Mariam Ibrahim Charolia, sunni muslim who died at on 19.04.2002. Copy of death certificate is annexed at Exhibit- A to the petition.

Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 19.03.2024 for dispensation of identification proof of the deceased. 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 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. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased is annexed as page no. 20 to 21 the petition.

2.

Advocate for the petitioner submits that the deceased ordinarily resided at 271, Bustan Apt, 2-B, 1st Floor, Flat No. 11, Mumbai - 400008 and left her property within the Greater Mumbai and elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition. Advocate for the petitioner is directed to carry out correction in para no. 4 with respect to

the Act which is mentioned and it should "mohammedan Law" followed by sunni muslim.

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 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 11.09.2024 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR