Wilfred Lobo v. Domnic Xavier Lobo (Deceased No 1)

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

Sr. No. - 57-TP/5729/2024 (ECHCBM02054632023) Mr. Brenda D'souza, 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 securities belonging to the deceased no. (1) viz. Domnic Xavier Lobo who died at Mumbai on 23.01.1993. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no. (2) viz. Vera Alfreda Lobo who died at Mumbai on 26.06.2019. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition.

Advocate for the petitioner is directed to carry out averment in para no. 1 with respect to the identification proof of deceased no. 1 and 2 and annex the copy of the same to the petition. If the identification proof of the deceased no. 1 and 2 is not available, Advocate for the petitioner is directed to file affidavit for dispensation of identification proof of deceased no. 1 and 2 and upload the corrected version and get it approved. Reverification is dispensed with.

2.

Advocate for petitioner submits that both the said deceased ordinarily resided at No.4 Naomi Ark Nester Compound, Kalina Church Road, Santacruz (East), Mumbai - 400 029 and left movable property in the form of Shares. The said wife of the deceased also expired at the same address in the year 2019.

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 both the deceased surviving as their only heirs next-of-kin according to Indian Succession Act, 1925 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 05.02.2025 for compliance. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR