Diana Minoo Bhagalia v. Ketayun Minoo Bhagalia (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 05th September, 2024 CALLED FOR DIRECTION :

Sr. No. 63, TP-4093-2024 Mr. Mahernosh Humranwala, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Ketayun Minoo Bhagalia, who died at Mumbai on 04.10.2023. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'B' to the petition.

2. Advocate for petitioner submits that the said Deceased ordinarily resided at 1st floor, Mahamadi Minar, 14th Khetwadi Lane, Mumbai - 400 004, and left properties within Greater Mumbai in the State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as her only heirs next-of-kin according to Indian Succession Act, 1925 (as applicable to Parsis) 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.

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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 non-consenting 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 09th October, 2024 for compliance. 05.09.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay