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Bombay High CourtTP/2236/2025grant issued

Rasesh Babubhai Kanakia v. Babubhai Madhavji Kanakia Alias Babulal Madhavji Kanakia Alias B M Kanakia

2025-08-13Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th August, 2025 CALLED FOR COMPLIANCE :

TP/2236/2025 (E-filing) Mr. Sulay Mitra i/b. Parekh Krupa Rajesh, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that Sr. Nos. 2 and 12 of the schedule annexed to the petition having value of Rs.17,77,200/- and Rs.12,42,400/- are securities independently owned by deceased No. 2 hence, petitioner is required to pay separate court fees for the securities of deceased No. 2. Prayers of the petition are incorrect hence, Advocate to take steps accordingly.

2. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioner namely Rajesh Babubhai Kanakia being son of deceased. Deceased No. 1 namely Babubhai Madhavji Kanakia died intestate at Mumbai on 30.10.2006. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is already annexed to the petition. Deceased No. 1 namely Ramaben Babubhai Kanakia died intestate at Mumbai on 21.01.1999. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is already annexed to the petition.

3. It is not stated in the petition that deceased Nos. 1 and 2 are husband and wife. Ld. Advocate for petitioner states that deceased Nos. 1 and 2 are husband and wife. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by two sons and four daughters. Out of them one son is petitioner herein and another son and four daughters have given their consents in favour of petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 04.07.2025 and Administration Bond dated 03.07.2025 are filed. Delay is explained and same is condoned.

5. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done in this matter.

13.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG