Disposed

Pravar Ravindranath Koticha v. Sushila Ravindranath Koticha Alias Sushila Ravindranath(Deceased)

Bombay HC3 Oct 2024TP/1704/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of a deceased who died intestate in Mumbai. The Registrar noted death certificate, next-of-kin schedule and absence of any Will or prior application, and directed issuance of general notice, affidavit of service, administration bond and listing for compliance.

What did the court decide?

Directions issued: general notice to be issued, affidavit of service and administration bond to be filed; compliance listed 26.06.2024. No final relief granted.

Pravar Ravindranath Koticha vs Sushila… — Succession and Inheritance | Bombay HC (2024)

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BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6^th April’2024.

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Sr. No.142 – TP 1704 of 2024 (ECHCBM02092062023) None for the petitioner.

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Called for direction

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Perused Petition. This petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. Sushila Ravindranath Koticha alias Sushila Ravindranath. who died at Bihar on 01.11.2011 . Copy of death certificate is annexed at Exhibit- A to the petition. Copy of Identification proof of deceased is annexed at Exhibit-A1 to the petition.

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Upon perusal of the petition it is noticed that the deceased ordinarily resided at 2 Room No.17/18, Prabhu Prerana, Plot No. 129, Vallabh Baug Lane, Ghatkopar East, Rajawadi S.0, Mumbai-400077 and left property with Greater Bombay, in the State of Maharashtra and elsewhere in India.

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Upon looking to the schedule of Next-of-kin, it is noticed that the legal heirs left behind both 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.

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Upon perusal of the petition, it is noticed 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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Upon perusal of the petition, it is noticed 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

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a. Office to Issue General Notice after two weeks from the date of uploading of order.

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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 and also justify surety of non-consenting legal heirs and furnish Administration Bond within one week thereafter.

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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.

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d. List the matter on 26.06.2024 for compliance.

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Pravar Ravindranath Koticha v. Sushila Ravindranath Koticha Alias Sushila Ravindranath(Deceased)

Case brief

What is this about?

What did the court decide?

Pravar Ravindranath Koticha v. Sushila Ravindranath Koticha Alias Sushila Ravindranath(Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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