Kirit Gulabrai Alias Gulabray Sompura v. Gulabrai Alias Gulabray Bhaishankar Sompura (Deceased)

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

Sr. No. 62 - TP-4737-2024 (ECHCBM02132412024) Mr. Praful S. Pawar i/b. Mr. Prashant G. Karande, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Debts and Securities belonging to the deceased no. (1) viz. Gulabrai alias Gulabray Bhaishankar Sompura, who died at Vadodara on 06.06.1985. 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.

And Deceased no. (2) viz. Bhanumati alias Bhanumatiben Gulabrai alias Gulabray Sompura, who died at Mumbai on 24.06.2014. 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 - 'A-2' to the petition. Advocate for petitioner is directed to make averment in para no. 1 with respect to the place of death of the deceased no. 2.

2. Advocate for petitioner submits that the deceased no. 1 ordinarily resided at Vadodara, Gujrat, said deceased no. 2 ordinarily resided at C12, Ultra Co-op., Housing Society Ltd., Ltd. Dilip Gupte Marg, Mahim, Mumbai 400016 and left the property within Greater Bombay and in the State of Maharashtra and in other state in the form of shares of various joint stock companies.

"The Hon'ble Court (CORAM : Hon'ble Shri Manish Pitale J.) on 29th September, 2023 passed direction in TP No. 233 of 2022 in which the Hon'ble Court decided the issue of jurisdiction under Section 371 of Indian Succession Act and decided the Jurisdiction of this Hon'ble Court." In view of the order dated 29th September, 2023, the present petition proceed further.

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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.

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 18th November, 2024 for compliance. 05.10.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay