Rustam C. Patel vs Cawasji N. Patel (Deceased) — Succession and Inheritance | Bombay HC (2025)

Rustam C. Patel vs Cawasji N. Patel (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim compliance directions in a Succession Certificate petition: (i) Office to issue General Notice within two weeks; (ii) petitioner's advocate to file Affidavit of Service, effect service on non-consenting legal heirs per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify their surety and furnish Administration Bond within one week thereafter; (iii) Office to verify cross petitions and place any before the Hon'ble Court under Rule 407; (iv) identification-proof correction allowed, reverification dispensed, corrected petition to be re-uploaded; (v) matter listed on 01.04.2025 for compliance.

Issue for consideration

Whether the Succession Certificate petition meets formal requirements regarding identification proof of deceased Nos. 1 and 2 (annexation or affidavit of dispensation) and related averments, and re-upload of the corrected petition. +2 more

Court's answer

The Registrar directed the petitioner's advocate to annex the identification proof of the deceased if available, and if unavailable, to file an affidavit of the petitioner for dispensation of the identification proof of the deceased.

Ratio / Principle

The corrections were allowed; at the request of the petitioner's advocate reverification was dispensed with, subject to re-upload of the corrected version of the petition.

Key takeaways

The Office was directed to issue General Notice within two weeks from the date of uploading of the order.ratio¶18
The petitioner's advocate was to file an Affidavit of Service of the General Notice, effect service upon non-consenting legal heirs (if any) as per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify the surety of non-consenting legal heirs, and furnish the Administration Bond within one week thereafter.ratio¶19
The Office was to verify whether any cross petition is filed, and if so, take steps to place the matter before the Hon'ble Court under Rule 407 of the High Court Original Side Rules.

Detailed headnote1 paragraphs

Compliance order dated 17.02.2025 in Testamentary Petition 30 TP/1109/2024, passed by Mrs. R. V. Rane, Company Registrar / Testamentary Registrar, in a petition for a Succession Certificate to certain securities of (i) deceased No. 1 Cawasji N. Patel alias Cavasji N. Patel, who died at Mumbai on 04.10.2011 (death certificate Exh. 'A1'), and (ii) deceased No. 2 Banubai Cavasji Patel, who died at Mumbai on 01.01.2001 (death certificate Exh. 'A2'). Recorded submissions: fixed abode/movable properties in Mumbai; surviving heirs next-of-kin under the Indian Succession Act, 1925 listed in para 6 of the petition; both deceased died intestate after diligent search found no Will; no prior application for Probate, Letters of Administration or Succession Certificate to any District Court, District Delegate or High Court. Directions: identification proofs of the deceased to be annexed if available, otherwise affidavit of petitioner dispensing with them, with necessary averments, and corrected petition to be re-uploaded (reverification dispensed); Office to issue General Notice within two weeks; petitioner's advocate to file Affidavit of Service, effect service on non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify their surety and furnish Administration Bond within one week; Office to verify cross petitions and place any before the Court under Rule 407 of the High Court Original Side Rules; matter listed for compliance on 01.04.2025.

SLG

BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17^th February, 2025

CALLED FOR COMPLIANCE :

30 TP/1109/2024

Ms. Darshana Manjarekar i/b. Naresh Pai, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certif i cate in respect of certain Securities belonging to the deceased No. 1 namely Cawasji N. Patel alias Cavasji N. Patel, who died at Mumbai on 04.10.2011. Copy of death certif i cate is annexed at Exhibit- ‘ A1’ to the petition.

Deceased No. 2 namely Banubai Cavasji Patel, who died at Mumbai on 01.0 1.20 0 1. Copy of death certif i cate is annexed at Exhibit- ‘ A2 ’ to the petition.

Ld. Advocate for petitioner further submits that identification proof of deceased Nos. 1 and 2 are not annexed to the petition hence, Ld. Advocate for petitioner is directed to annex the identification proof of deceased if the same is available and if identification proof of deceased is not available, she has to file Affidavit of petitioner for dispensation of identification proof of deceased. She will make necessary averment in the petition with respect to the same. The said corrections are allowed. At the request of Ld. Advocate for petitioner, reverification is dispensed with. Ld. Advocate for petitioner to re-upload the corrected version of the petition.

2. Advocate for petitioner submits that the said deceased at the time of their death had a f i xed place of abode at Mumbai, State of Maharashtra and / or left the movable properties in Mumbai, State of Maharashtra.

3. Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his/her only heirs next-of-kin according to Indian Succession Act, 1925 are mentioned in para No. 6 of the said petition.

4. 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.

….2

SLG

– 2 –

5. 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 Certif i cate.

6. In the aforesaid circumstances, I pass the following order:

ORDER

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

b. Advocate for the petitioner to f i le Afdavit of Service of General Notice fi and also ef f ect 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.

c. Ofce to verify if any cross petition is f fi led, if cross petition is f i led, then i take steps to place before the Hon’ble Court under Rule 407 of High Court Original Side Rules.

d. List the matter on 01.04 .2025 for compliance.

17.02.2025

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR