Bhaven Mahendra Shah v. Mahendra Khetsey Shah @ Munvar @ Mahindra Shah (Deceased)

Bombay HC5 Oct 2024TP/4679/2024

Case brief

AI extract

What is this about?

Succession certificate petition for securities of a deceased who died intestate at Mumbai in 1999. The Registrar directed issuance of general notice, affidavit of service, administration bond, verification of any cross petition, and listed the matter for compliance.

What the court decided

AI extract

Bhaven Mahendra Shah vs Mahendra Khetsey Shah @… — Succession and Inheritance | Bombay HC (2024)

¶1

BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 05^th October, 2024

¶2

CALLED FOR DIRECTION :

¶3

Sr. No. 57, TP-4679-2024

¶4

Mr. Suyash Kalbhor i/b. Mr. B. G. Saraf, Advocate for petitioner.

¶5

Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Mahendra Khetsey Shah alias Munvar alias Mahendra Shah, who died at Mumbai on 17.02.1999. 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. Advocate for petitioner is directed to make averment in para no. 1 with respect to identification proof of the deceased.

¶6

Advocate for petitioner submits that the said deceased had a fixed place of abode at Sangli Vaibhav Soc. Natwar Nagar RN 15 B WI 3^rd floor, Jogeshwari (East), Mumbai – 400 060 and left property within greater Mumbai in the State of Maharashtra and elsewhere in India.

¶7

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.

¶8

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.

¶9

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.

¶10

…. 2

¶11

2 TP-4679-2024

¶12

In the aforesaid circumstances, I pass the following order:

¶13

ORDER

¶14

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

¶15

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.

¶16

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.

¶17

d. List the matter on 18^th November, 2024 for compliance.

¶18

05.10.2024

¶19

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

¶20

Ajay

Bhaven Mahendra Shah v. Mahendra Khetsey Shah @ Munvar @ Mahindra Shah (Deceased)

Case brief

What is this about?

What the court decided

Bhaven Mahendra Shah v. Mahendra Khetsey Shah @ Munvar @ Mahindra Shah (Deceased)

Case brief

What is this about?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Deodatta Bhagavant Pandit and Anr. vs Bhagavant Martand Pandit (Deceased)

Madhukar Ramchandra Todankar vs Ramchandra Hari Todankar (Deceased)

Vijaykumari Motilal Singh vs Reena Motilal Singh (Deceased)

Maher Sunil Padhiar vs Rita S. Padhiar (Deceased)

Kavita Jivan Parmar vs Jivanbhai Arjunbhai Parmar (Deceased)

Bharti Nikhil Savla vs Nikhil Premji Savla (Deceased)