Kishanbihari Satyanarain Kagzi vs. Mahimavati Satyanarain Kagzi
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Order Issued After Hearing
Purpose:
For Direction
Before:
Mrs. R. V. Rane, Company Registrar/Testamentary Registrar
Listed On:
23 Feb 2024
Order Text
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 23rd FEBRUARY, 2024
CALLED FOR DIRECTION :
26 TP/544/2024
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M/s. Law Chambers of Siddharth Murarka for petitioner.
P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Credits/Debts/Shares/Securities belonging to the deceased viz. Mahimavati Satyanarayan Kagzi alias Mahimavati Satyanarain Kagzi, who died at Mumbai on 17.10.2017. Copy of death certificate is annexed at Exhibit- 'B1' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'B2' to the petition.
- Advocate for petitioner submits that the aforesaid deceased at the time of her death had a fixed place of abode at 21/42 Usha Kiran, Carmichael Road, Greater Mumbai, Mumbai, Maharashtra - 400026, and left Credits/Debts and amounts, within Mumbai in the State of Maharashtra and not elsewhere in India.
- Advocate for petitioner submits that the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.
- 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.
CONTD. TP/544/2024 (ECHCBM020699 32023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
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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.
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In the aforesaid circumstances, I pass the following order:
ORDER
- a. Office to Issue General Notice within two 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 and also justify surety of nonconsenting 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 16.04.2024 for compliance.
23.02.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
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