Ajay Mahendra Reshamwala v. Mahendra Kakubhai Reshamwala (Deceased No. 1)

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

Sr. No. 64 - TP-4094-2024 Mr. Anitar, 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 no. (1) viz. Mahendra Kakubhai Reshamwala, who died at Nashik on 23.09.1992. Copy of death certificate is annexed at Exhibit- 'A' to the petition. Copy of identification proof of the deceased no. 1 is annexed at Exhibit - 'A-1' to the petition. Advocate for petitioner is directed to correct the cause title for adding the word "Securities". And Deceased no. (2) viz. Mrinalini Mahendra Reshamwala, who died at Mumbai on 22.02.2021. Copy of death certificate is annexed at Exhibit- 'B' to the petition. Copy of identification proof of the deceased no. 2 is annexed at Exhibit - 'B-1' to the petition.

2. Advocate for petitioner submits that the both the deceased resided at C/21,Grand @ Grant Paradi Apartment, August Kranti Marg, Kemp's Corner, Mumbai-40o026 and left property within Greater Bombay and in the State of Maharashtra or elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind both the deceased surviving as their 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 both deceased died intestate and that due and diligent search has been made for Will but none has been found.

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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 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