Anitha Pal W/O Sanjeev Pal v. Vengasseril Mathai Elias S/O Mathai Vengasseril (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 17th October, 2024 CALLED FOR DIRECTION :

Sr. No. 7, TP-4845-2024 (ECHCBM02070162024) Mr. Karan M. Chaudhary i/b. M/s. Auris Legal, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Debts belonging to the deceased no. (1) viz. V. M. Elias alias Vengasseril Mathai Elias S/o. Mathai Vengasseril, who died at Ernakulam, Cochin on 01.03.2022. 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 - 'B' to the petition. Advocate for petitioner is directed to correct the cause title as the same is not as per rules. Re-verification dispensed with.

2. Advocate for petitioner submits that the said deceased ordinarily resided at Karuna Park, Divine Light Co-operative Housing Society, 137 Mathuradas Vasanji Road, Andheri (East), Mumbai 400082 and/or left property within Greater Bombay and is in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

4. Advocate for petitioner submits that the said 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.

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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 27th November, 2024 for compliance. 17.10.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay