Sanika Suryakant Rane v. Late Yogesh Kamalakar Shinde (Deceased)

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

Sr. No. 75 -TP/4166/2024 (ECHCBM02129602024) None for the petitioner.

Called for direction Advocate for the petitioner is directed to carry out correction into the petition as well as in the schedule with respect to the word "fund" by replacing the same with "debts" and upload the corrected version.

1. Perused Petition. This petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. YOGESH KAMALAKAR SHINDE who died at Mumbai on 12.03.2022. Copy of death certificate is annexed at Exhibit- A to the petition. Copy of Identification proof of deceased is annexed at Exhibit-A1 to the petition.

2.

Upon perusal of the petition it is noticed that the deceased ordinarily resided at Room No. 17, Rajkotwala Building No.20, Kamathipura 13" Lane, Mumbai 400008 and / or left property within Greater Bombay in the State of Maharashtra.

3. Upon looking to the schedule of Next-of-kin, it is noticed that the legal heirs left behind both 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.

4. Upon perusal of the petition, it is noticed that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

5. Upon perusal of the petition, it is noticed 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.

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".

7. In the aforesaid circumstances, I pass the following order:

ORDER

a. Office to Issue General Notice after two weeks from the date of uploading of 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 11.10.2024 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR