Ravi Rajendra Shah v. Deceased Anita Patra (Deceased)

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

Sr. No.22-TP/5144/2024 (AMH20220001248C202400021) 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. ANITA PATRA who died at Mumbai on 17/03/2024. Copy of death certificate is annexed at Exhibit- A to the petition. Copy of Identification proof of deceased is annexed at Exhibit-'B' to the petition.

Advocate for the petitioner is directed to carry out correction in the cause title and para no. 5 the petition with respect to replacing the word "his" with word "her". He will upload the corrected version and he will get it approved before the next date. Reverification is dispensed with. 2.

Upon perusal of the petition it is noticed that the deceased ordinarily resided at B-44 Dattani Park 2 CHS LTD, Thakur Village, Kandivali (E) GR. Mumbai, Maharashtra400101.

3. Upon looking to the schedule of Next-of-kin, it is noticed that the legal heirs left behind by the deceased surviving as her 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 to specify if deceased left behind any issue. Advocate for the petitioner is permitted to carry out the correction and upload the corrected version. He will get it approved before the next date. 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. Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

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.

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