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Bombay High CourtTP/3769/2024grant issued

Nandita Narendra Joshi v. Mr. Mahadev Sripad Deshpande .. Since Deceased

2024-10-05Shri. A. H. Laddhad(Prothonotary Senior Master)3 pages

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th October'2024.

Sr. No. - 9- TP/3769/2024 (ECHCBM02057832024) Mr. Mihir P. , Advocate i/b. Chandra Naik for the petitioner Called for direction :

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. MAHADEV SRIPAD DESHPANDE ALIAS MAHADEVRAO SHRIPADRAO DESHPANDE ALIAS MAHADEV SHRIPADRAO DESHPANDE ALIAS MAHADEVRAO S.

DESHPANDE ALIAS MAHADEO SHRIPADRAO DESHPANDE ALIAS MAHADEO S. DESHPANDE ALIAS MAHADEW SHRIPAD DESHPANDE ALIAS MAHADEV SHRIPAD DESHPANDE, who died at Mumbai on 04.02.2008. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at H/444, RBI Staff Quarters, Maratha Mandir Marg, Mumbai Central, Mumbai - 400 008 and/or left moveable property i.e. Securities and Shares of various Companies under Share Certificates in Mumbai and in the State of Maharashtra and elsewhere in India, more particularly set out in the Schedule annexed hereto.

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

4.

Advocate for petitioner submits that the legal heirs left behind by 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.

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. Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

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 11.11.2024 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR