Dara Ardeshir Desai v. Ardeshir Nowroji Desai Alias Ardeshir Naoroji Desai (Deceased)

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 18th December, 2024 CALLED FOR DIRECTION :

Sr. No. 73, TP-5843-2024 Mr. Shardul Parikh, Advocate for petitioner.

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Ardeshir Nowroji Desai alias Ardeshir Naoroji Desai,, who died at Mumbai on 23.10.1994. Copy of death certificate is annexed at Exhibit- 'A' to the petition.

Advocate for petitioner submits that since the identification proof of the deceased is not available they have filed Affidavit dated 21.09.2024 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken due care and diligent search but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit of dispensation of identification proof of the deceased is annexed at Exhibit - B to the petition.

2. Advocate for petitioner submits that the said deceased ordinarily resided at Master Chamber, Flat No. 1, 2nd Floor, Next to Metro Cinema, Dhobi Talao, Mumbai 400 020, and left property not in Greater Mumbai, but elsewhere in India.

3. Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para no. 4 of the said petition.

4. Advocate for petitioner submits that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

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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. "Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary Petition 2559 of 2022, directions was given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class- I legal heir. Registry is directed to not to insist for filing / furnishing of Administration Bond." Hence, Administration Bond is dispensed with.

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 non-consenting legal heirs, if any as per Rules 399 and 400 of the Bombay High Court Original Side Rules.

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 05th February, 2025 for compliance. 18.10.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Ajay