Abdulla Mohammedbhai Suratwala v. Mohammed Bhai M Akberali Suratwala Alias Mohamadbhai M A Suratwala (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th December'2024.

Sr. No. - 5-TP/5336/2024 (AMH20240129184C202400008) Mr. S. P. Gupta, Advocate for the petitioner. Called for direction :

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts and ssecurities belonging to the deceased viz. Mohammed Bhai M. Akberali Suratwala alias Mohamadbhai M A Suratwala alias Mohamadbhai Akberali Suratwala alias Mohamadbhoy M A Suratwala alias Mohamadbhai Akbarbhai Suratwala alias Mohamadbhoy Mulla Akbaraly alias Mohamadbhoy Mulla Akbaraly Suratwala who died at Mumbai on 23.07.2013. 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.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Topiwala Mansion R. No. 56-58, 5th Floor, 95, Mohammed Ali Road, Mumbai, Maharashtra400003, and left property in Greater Mumbai and in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that, 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 his only heirs nextof-kin according to Mohamedan Law Applicable to Shia (Khoja) Muslim, 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 four 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