Disposed

Cyrus Behram Doongaji v. Dr. Motoo Hormasji Gandhi

Bombay HC10 Jun 2024TP/2120/2024

Case brief

AI extract

What is this about?

Succession Certificate petition regarding securities of a deceased who died intestate and unmarried at Mumbai. The Registrar directed issuance of General Notice, affidavit of service, surety justification for non-consenting heirs, Administration Bond, verification of any cross-petition, and listed the matter for compliance.

What did the court decide?

Directions only: General Notice to be issued; affidavit of service, surety justification and Administration Bond required; matter listed for compliance on 03.07.2024.

Cyrus Behram Doongaji vs Dr. Motoo Hormasji Gandhi — Succession and Inheritance | Bombay HC (2024)

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Ajay

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 03^rd MAY, 2024

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CALLED FOR DIRECTION :

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51 TP/2120/2024 ) Ms. Mandakini Kumari Shah, Advocate for ) petitioner. ) (ECHCBM020678 ) P.C.: 1. Perused Petition. Heard Ld. Advocate for ) 72024) ) petitioner. This petition is for Succession ) Certificate in respect of certain Securities ) belonging to the deceased viz. Dr. Motoo ) Hormasji Gandhi alias Dr. M. H. Gandhi alias ) Ms. Motoo H. Gandhi, who died as Spinster at ) Mumbai on 30.08.2008. Copy of death ) certificate is annexed at Exhibit- ‘A’ to the ) ) petition. Copy of Identification proof of ) deceased is already annexed at Exhibit- ‘B’ to ) the petition. ) ) 2. Advocate for petitioner submits that said ) Deceased at the time of her death had a fixed ) ) place of abode at A.H. Wadia Baug, Building No. ) 3, Flat No. 24, Parel Tank Road, Mumbai ) 400033, and left property within India. ) ) 3. 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. ) ) 4. 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 ) …. 2 )

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Ajay

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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:

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ORDER

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

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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.

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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 03.07.2024 for compliance.

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03.05.2024

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Cyrus Behram Doongaji v. Dr. Motoo Hormasji Gandhi

Case brief

What is this about?

What did the court decide?

Cyrus Behram Doongaji v. Dr. Motoo Hormasji Gandhi

Case brief

What is this about?

What did the court decide?

What the court decided

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