Disposed

Dharampal Pannalal Poddar v. Late Smt. Ramdularidevi Poddar(Deceased)

Bombay HC14 Nov 2024TP/5278/2024

Case brief

AI extract

What is this about?

The Company Registrar on a petition for issuance of Succession Certificate in respect of securities belonged to deceased RAMDULARIDEVI PODDAR, who died intestate, directed issuance of General Notice and service on non-consenting legal heirs as per applicable rules.

What did the court decide?

Order to issue General Notice and direct service on legal heirs and filing of Administration Bond as per Rules 399, 400 of BHC Rules.

Dharampal Pannalal Poddar vs Late Smt… — Succession and Inheritance | Bombay HC (2024)

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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DATE : 14^th November’2024. Sr. No. - 40-TP/5278/2024 (ECHCBM02017212023)

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Ms. Anisha Balse i/b. Prerak Choudhary, Advocate for the petitioner.

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Called for direction :

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Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain securities belonging to the deceased viz. RAMDULARIDEVI PODDAR, who died at Mumbai on 28th November 2017. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “B” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at 401, Bhima Worli Sagar CHS Ltd. Worli, Greater Mumbai-400 025 and left movable property within Greater Bombay and in the State of Maharashtra.

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Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found.

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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs nextof-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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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

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Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate. 6. 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 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 06.01.2025 for compliance.

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ksa/rvr

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

Dharampal Pannalal Poddar v. Late Smt. Ramdularidevi Poddar(Deceased)

Case brief

What is this about?

What did the court decide?

Dharampal Pannalal Poddar v. Late Smt. Ramdularidevi Poddar(Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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