Disposed

Sudha Ashwin Naidu v. Parmeshwaram Ramaswamy Koodalur (Deceased)

Bombay HC6 Nov 2024TP/2366/2024

Case brief

AI extract

What is this about?

Petition for succession certificate over securities of a deceased who died intestate at Mumbai in 2014. The Registrar directed issue of general notice, affidavit of service under Rules 399 and 400, administration bond, verification of cross petitions, and listed the matter for compliance.

What did the court decide?

Directions issued: general notice to be issued, affidavit of service and administration bond to be filed, cross-petition verification, compliance listing on 03.07.2024.

Sudha Ashwin Naidu vs Parmeshwaram Ramaswamy… — Succession and Inheritance | Bombay HC (2024)

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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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88 TP/2366/2024 ) None present for parties. )

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P.C.: 1. Perused Petition. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Parmeswaran Ramaswamy Koodalur also known as K. R. Parmeswaran, who died at Mumbai on 15.11.2014. Copy of death certificate is annexed at Exhibit- ‘A’ to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- ‘A-1’ to the petition.

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Upon perusal of the petition, it is noticed that the said deceased was oridinarily residing at Room no. 877, Builidng no. 85, Gandhi Nagar, Banddra, (East), Mumbai-400 051 and has left property within Greater Bombay and in the State of Maharashtra, elsewhere in India.

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Upon perusal of the petition, it is noticed 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.

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Upon perusal of the petition, it is noticed that said deceased died intestate and that due and diligent search has been made for Will but none has been found.

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CONTD.

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03.05.2024

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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:

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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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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Sudha Ashwin Naidu v. Parmeshwaram Ramaswamy Koodalur (Deceased)

Case brief

What is this about?

What did the court decide?

Sudha Ashwin Naidu v. Parmeshwaram Ramaswamy Koodalur (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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