Hirabai Devram Bhalerao vs. Sanjay Devram Bhalerao (Deceased)
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
For Direction
Before:
Mrs. R. V. Rane, Company Registrar/Testamentary Registrar
Listed On:
1 Dec 2023
Order Text
BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 01st DECEMBER, 2023
CALLED FOR DIRECTION :
5 TP/3954/2023 )
(ECHCBM021635 72023)
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Wani i/b. Seema Hunnurkar and Associates, Advocate for petitioner.
P.C.: 1. Perused the petition. Heard Ld. Advocate for petitioner. This petition is filed for Succession Certificate in respect of certain debts belonging to deceased viz. Sanjay Devram Bhalerao who died at Mumbai on 28.01.2021. Copy of death certificate is annexed at Exhibit - 'A' to the petition. Copy of identification proof of the deceased is annexed at Exhibit - 'A1' to the petition.
- Advocate for the petitioner submits that, the said deceased ordinarily resided at Room No. 1, New Agri Pada Babi Sawant Cahwl, Highway Road, Santacruz (East), Mumbai – 400 055 and left property within greater Bombay, in the State of Maharashtra.
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 not required for sole legal heir.
) )
Pallavi
CONTD.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
5 TP/3954/2023 (ECHCBM021635 72023)
- 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.
- 2 -
-
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.
-
The 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.
-
In the aforesaid circumstances, I pass the following order:
ORDER
a. Petition expedited. Office to Issue General Notice expeditiously 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 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
Pallavi
CONTD.
- 3 -
5 TP/3954/2023 (ECHCBM021635 72023) ) ) ) )
)
- 407 of High Court Original Side Rules.
- d. List the matter on 05th January, 2023 for compliance.
01.12.2023 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
Original Order Copy
Get a certified copy of this order