Sarojdevi Mohanlal Daga v. Mohanlal Ramchandra Daga(Deceased)

BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 14th November'2024.

Sr. No. 21-TP/5140/2024 (AMH20230022531C202400010) None for the petitioner.

Called for direction

1. Perused Petition. This petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. Mohanlal Ramchandra Daga who died at Mumbai on 04.10.2022. 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 Flat No. 403, B Wing, Amazon Park, Link Road, Opp. Eskay resort, Devaki Nagar, Borivali West, Mumbai- 400 103 and/ or left No property within Greater Bombay and in the State of Maharashtra and elsewhere in India

3. Upon looking to the schedule of Next-of-kin, it is noticed that the legal heirs left behind by 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. Advocate for the petitioner is directed to specify share of the petitioner at para no. 5 of the petition. Advocate for the petitioner is allowed to carry out the correction in para no. 5 of the petition with respect to share of the petitioner in the estate of the deceased. Advocate for the petitioner will upload the corrected version and he will get it approved. Reverification is dispensed with.

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. 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 06.01.2025 for compliance. COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR