Farukh Taher Contractor v. Mustafa Taher Contractor (Deceased)

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

Sr. No. 38-TP/5237/2024 (AMH20230046469C202400002) None for the petitioner.

Called for direction

1. Perused Petition. This petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. Mustafa Taher Contractor who died at Mumbai on 10th day of August, 2024. Copy of death certificate is annexed at ExhibitA to the petition. Copy of Identification proof of deceased is annexed at Exhibit-B to the petition.

2.

Upon perusal of the petition it is noticed that the deceased ordinarily resided at 60 Akbar Chambers, Room No. 44-45, 5th floor, Mohammed Ali Road, Mumbai - 400003 and left property within Greater Bombay and in the State of Maharashtra.

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 Mohammedin law are mentioned in para no. 4 of the said petition. Explain in detail the legal heir of deceased at para no. 4 of the petition.

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