Raisahab S/O Pratap Singh vs Geetadevi Pratap… — Succession and Inheritance | Bombay HC (2025)

Raisahab S/O Pratap Singh vs Geetadevi Pratap… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interlocutory directions only — Succession Certificate not yet granted: (a) Office to issue General Notice within two weeks of uploading of the order; (b) petitioner's advocate to file Affidavit of Service of General Notice, effect service upon non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify surety of non-consenting legal heirs and furnish Administration Bond within one week thereafter; (c) Office to verify whether any cross petition is filed and, if so, place it before the Hon'ble Court under Rule 407 of the High Court Original Side Rules; (d) matter listed on 24.02.2025 for compliance.

Issue for consideration

Whether this Court has jurisdiction under Section 371 of the Indian Succession Act to proceed with the Succession Certificate petition, i.e., whether it has jurisdiction where the securities/debts lie within its jurisdiction. +1 more

Court's answer

The jurisdictional issue under Section 371 of the Indian Succession Act stands decided pursuant to the Hon'ble Court's direction in TP No. 233 of 2022: this Court has jurisdiction where the securities/debts lie within its jurisdiction, and the petition can therefore proceed.

Detailed headnote1 paragraphs

TP 499 of 2025 — Succession Certificate petition before the Company Registrar / Testamentary Registrar (Mrs. R. V. Rane), decided 23.01.2025. The petitioner seeks a Succession Certificate to securities of Geetadevi Pratap Singh, who died intestate at District Palghar on 14.12.2019, ordinarily resident at District Palghar, Maharashtra 401209, leaving property throughout India and within Greater Bombay (death certificate at Exhibit 'A'; identification proof at Exhibit 'B'). Pursuant to the direction passed in TP No. 233 of 2022, the jurisdiction question under Section 371 of the Indian Succession Act was taken as decided — the Court has jurisdiction where the securities/debts lie within its jurisdiction — and the petition was permitted to proceed. Order: (a) Office to issue General Notice within two weeks of uploading; (b) petitioner's advocate (Mr. Shivam Gupta) to file Affidavit of Service of General Notice, serve non-consenting legal heirs per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify their surety and furnish an Administration Bond within one week thereafter; (c) Office to verify any cross petition and place it before the Hon'ble Court under Rule 407; (d) compliance listed for 24.02.2025. Heirs are stated to be identifiable per the Hindu Succession Act, 1956 (para 4 of the petition); no prior probate/letters-of-administration/succession-certificate application reported. The Certificate itself was not granted at this stage.

1

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

DATE : 23^rd January’2025.

Sr. No. - 1- TP 499 of 2025 Mr. Shivam Gupta, Advocate for the petitioner.

Called for direction :

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. Geetadevi Pratap Singh who died at District Palghar on 14.12.2019. 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.

Advocate for petitioner submits that the said deceased ordinarily resided at Vishal Pandey Nagar, Siddarth Nagar, Nalasolpara, Bilalpada Division, District Palghar, Maharashtra - 401209 and left property throughout India and left property within Greater Bombay in State of Maharashtra.

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.

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.

2

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.

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

ORDER

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

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.

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.

d. List the matter on 24.02.2025 for compliance.

COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

ksa/rvr