Khursheed Rayomand Ichhaporia v. Sohrab Barjorji Gimi (Deceased No.1)

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

Sr. No. - 10-TP/4145/2024 (ECHCBM02144632024) Mr. Jayant Wani, Advocate i/b. Lakdawala & Co. for 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 no. (1) viz. Sohrab Barjorji Gimi alias Sohrab B Gimi alias Sohrab Gimi who died at Mumbai on 28.06.2011. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. And deceased no. (2) viz. Hutokshi Sohrab Gimi alias Hutokshi S Gimi alias Hutokshi Gimi who died at Mumbai on 21.05.2013. Copy of death certificate is annexed at Exhibit -'C' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "D" to the petition. 2.

Advocate for petitioner submits that both the said deceased ordinarily resided at 62, Aderbad, Hughes Road, Mumbai - 400 007 and left property within Mumbai and in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that both 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 both the deceased surviving as their only heirs nextof-kin according to India Succession Act, 1925 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 non-consenting 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