Rachana Nisharg Agrawal v. Shailen Rajendra Desai (Deceased)

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

Sr. No. - 28-TP/4451/2024 (ECHCBM02118992024) Mr. Shirish Mathkar, Advocate 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. Shailen Rajendra Desai, who died at Mumbai on 04.03.2009. Copy of death certificate is annexed at Exhibit -'A1' to the petition.

Advocate for the petitioner submits that he may be permitted to carry out averment in para no. 1 to the petition with respect to identification proof of the deceased. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out averment in para no. 1 to the petition with respect to the identification proof of the deceased and annex the copy of the identification proof of the deceased. He will upload the corrected version of the petition. Reverification is dispensed with. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at 123, Reva Apartments, B. Desai Road, Mahalaxmi, Mumbai - 400 026, and left property within Greater Mumbai and in the State of Maharashtra and elsewhere in India.

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