Disposed

Carol Albuquerque v. Simon Albuquerque (Deceased)

Bombay HC5 Oct 2024TP/4353/2024

Case brief

AI extract

What is this about?

The Company Registrar/Trust adjudicated a plea for a Succession Certificate regarding securities of a deceased intestate. Confirming jurisdiction under Section 371 of the Indian Succession Act, the Court ordered the issuance of a General Notice and listed the matter for compliance with procedural rules.

What did the court decide?

Direction to issue General Notice, file Affidavit of Service, provide justification for non-consenting heirs, and file Administration Bond within stipulated time.

Carol Albuquerque vs Simon Albuquerque (Deceased) — Succession and Inheritance | Bombay HC (2024)

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BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5^th October’2024.

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Sr. No. 12 -TP/4353/2024 (ECHCBM02045492024)

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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. Simon Albuquerque who died at Pune on 23.01.2024. 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 B/205, B-6, Citizen, Violet CHS, Naigaon East, Juchandra, Vasai East, Thane 401 208 and left property in the State of Maharashtra.

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Pursuant to the direction passed by the Hon’ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided that, this Hon’ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon’ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon’ble Court has decided the issue of the Jurisdiction petition can be proceeded.

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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 his only heirs next-of-kin according to Indian Succession Act, 1925 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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6. 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 11.11.2024 for compliance.

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Carol Albuquerque v. Simon Albuquerque (Deceased)

Case brief

What is this about?

What did the court decide?

Carol Albuquerque v. Simon Albuquerque (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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