Paras Jawahar Vora Alias Paras Jawahar Shah v. Vasanti Jawahar Vora (Deceased No 1)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6th January'2025 Sr. No. - 46-TP/5232/2024 (ECHCBM02116462024) Ms. Pratiksha Thakur, Advocate for the petitioner. Called for Compliance :

Advocate for the petitioner submits that she will carry out the correction forthwith into the prayer clause as per office objection raised on 14.11.2024 and she will upload the corrected version and get it approved. Reverification is dispensed with.

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 No. (1) viz. VASANTI JAWAHAR VORA alias VASANTI JAWAHAR SHAH alias VASANT JAWAHAR SHAH who died at Mumbai on 6th day of October 2008. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition. And deceased no. (2) viz JAWAHAR DEVRAJ VORA alias JAWAHAR DEVRAJ SHAH who died at Mumbai on 30th day of July 2013. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B1" to the petition.

Advocate for the petitioner is directed to carry out correction in the cause title and all consequential correction into the petition by replacing the word "securities" in place of "Assets". Advocate for the petitioner will upload the corrected

version of the petition and he will get it approved before the next date. Reverification is dispensed with.

Advocate for the petitioner is directed to carry out correction in the cause title with respect to marital status of deceased no. 1. Advocate for the petitioner will upload the corrected version and he will get it approved before the next date. Reverification is dispensed with.

Advocate for the petitioner is directed to carry out correction in para no. 10 of the petition with respect to share of the petitioner i.e. 1⁄2 share each in the estate of the deceased. Advocate for the petitioner will upload the corrected version of the petition and he will get it approved before the next date. Reverification is dispensed with. 2.

Advocate for petitioner submits that both the said deceased ordinarily resided at 198 / 6, 2nd Floor, Gujarat Society, above Jain Dairy Farm, Sion (West), Mumbai - 400 022, Maharashtra, India and left property within Greater Bombay and in the State of Maharashtra.

3. Advocate for petitioner submits that both 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 their 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 03.02.2025 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR