Raisahab S/o. Pratap Singh vs Pratap Bahadur Singh… — Succession and Inheritance | Bombay HC (2025)

Raisahab S/o. Pratap Singh vs Pratap Bahadur Singh… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interlocutory compliance directions: Office to issue General Notice within two weeks; petitioner 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 surety and furnish Administration Bond within one week thereafter; Office to verify any cross petition under Rule 407; matter listed on 24.02.2025 for compliance. Petition permitted to proceed on the settled jurisdictional position.

Issue for consideration

Whether this Court has jurisdiction, under Section 371 of the Indian Succession Act, to entertain the Succession Certificate petition. +1 more

Court's answer

The Court holds that it has jurisdiction where the securities/debts lie within its jurisdiction; since the jurisdiction issue was decided pursuant to TP No. 233 of 2022, this Court has jurisdiction to proceed and the petition can be proceeded with.

Ratio / Principle

Compliance-stage directions issued: Office to issue General Notice within two weeks; petitioner to file Affidavit of Service, effect service upon non-consenting legal heirs per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify surety of non-consenting legal heirs and furnish Administration Bond; Office to verify cross petitions and place them before the Court under Rule 407; matter listed on 24.02.2025 for compliance.

Detailed headnote1 paragraphs

Testamentary Petition TP 500 of 2025 (order dated 23 January 2025, MRS. R. V. RANE, Company Registrar/Testamentary Registrar): petition for a Succession Certificate in respect of securities of the deceased Pratap Bahadur Singh, who died at District Palghar on 08.06.2014 and ordinarily resided at Vishal Pandey Nagar, Siddarth Nagar, Nalasolpara, Bilalpada Division, District Palghar, Maharashtra - 401209, leaving property throughout India and within Greater Bombay. The issue of jurisdiction under section 371 of the Indian Succession Act had been decided pursuant to a direction in TP No. 233 of 2022 — this Court has jurisdiction where the Securities/Debts lie within its jurisdiction — so the Court held it has jurisdiction to proceed and the petition can be proceeded with. Counsel submitted that the deceased died intestate with due and diligent search made for a Will but none found; surviving legal heirs next-of-kin per the Hindu Succession Act, 1956 are listed at para 4 of the petition; and no application for Probate, Letters of Administration or a Succession Certificate had been made to any District Court, District Delegate or any High Court. Directions ordered: (a) Office to issue General Notice within two weeks of upload; (b) petitioner to file Affidavit of Service, effect service upon non-consenting legal heirs per Rules 399 and 400 of the Bombay High Court Original Side Rules, justify surety and furnish Administration Bond within one week thereafter; (c) Office to verify cross petitions and place them before the Hon’ble Court under Rule 407 of High Court Original Side Rules; (d) matter listed on 24.02.2025 for compliance.

1

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

DATE : 23^rd January’2025.

Sr. No. - 2- TP 500 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. Pratap Bahadur Singh who died at District Palghar on 08.06.2014. 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 the 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