Pramod Kumar Khimji Meghji Shah And 2 ORS v. Kasturben Khimji Meghji Shah (Deceased)

1 TP 5823 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 18th December'2024.

Sr. No. - 70-TP/5823/2024 (AMH20240131976C202400002) Mr. Hardik Sanghavi i/b. Agrud Partners, 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 belonging to the deceased viz. Kasturben Shah, widow of late Khimji Meghji, who died at Kenya on 30.12.2017. 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. Advocate for the petitioner is directed to carry out correction into the cause title as well as prayer clause by deleting the word "and securities" as the petition is only for "debts". Advocate for the petitioner is permitted to carry out all consequential corrections into the petition with respect to the same. He will upload the corrected version and he will get it approved. Reverification is dispensed with.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Ngara, Nagara Road, 99999 LR 209/2023, Post Office Box Number: 41401, Nairobi, Kenya and left property within Greater Mumbai in the State of Maharashtra. Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble

2 TP 5823 of 2024 Court has decided the issue of the Jurisdiction petition can be proceeded.

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 her only heirs next-of-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.

Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

7.

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.

3 TP 5823 of 2024 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