ORDER : 1. The present petition has been filed for a Succession Certificate in respect of the debts of one Tarak Nath Chatterjee (“the deceased”) who died in Mumbai on 4th September 2012. A copy of the death certificate of the deceased issued by Sub-Registrar (Birth and Death), Health Department, Municipal Corporation of Greater Mumbai is annexed to the Petition. 2. The Petition sets out that the deceased ordinarily resided at 1010 Sanghi Residency, Prabhadevi, Mumbai-400025. Schedule-I annexed to the present Petition sets out the debt in respect of which the Succession Certificate is applied for. The Succession Certificate is thus required for the purpose of collection of the said debt as also receiving interest due thereon. 3. A perusal of Schedule-I shows that the debt is an amount of GBP 2,15,228.88 which is equivalent to Rs. 2,22,31,774.62 which is lying deposited in Barclays Bank Leicester LE-87 2BB United Kingdom. 4. Mr.Setalwad, learned Senior Counsel appearing on behalf of the Petitioners submits that the present Testamentary Petition is on stamp number and is not being proceeded with by the department in view of the following preliminary objection raised by the department which reads thus: “How this Petition can be proceeded when debt shown in Schedule in outside jurisdiction.” Learned Senior Counsel submits that it is not in dispute and the record reflects that: (i) the deceased died in Mumbai as is evident from the death certificate issued by the Municipal Corporation of Greater Mumbai and (ii) that the deceased was ordinarily a resident of Mumbai having permanent address at 1010 Sanghi Residency, Prabhadevi, Mumbai- 400025. Learned Senior Counsel then submitted that the present testamentary petition had been filed under Section 371 of the Indian Succession Act which reads thus: 371. Court having jurisdiction to grant certificate: The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.” (Emphasis added) Mr. Setalwad, therefore submitted that the deceased being a resident of Mumbai i.e. within the jurisdiction of this Court, any Petition for Succession Certificate would have to be filed in this Court as clearly provided for in the first part of Section 371. 5. Setalwad, therefore submitted that the deceased being a resident of Mumbai i.e. within the jurisdiction of this Court, any Petition for Succession Certificate would have to be filed in this Court as clearly provided for in the first part of Section 371. 5. Additionally, Learned Senior Counsel then invited my attention to Part-II of Section 5 of the Indian Succession Act which deals with “Domicile” and placed reliance upon Section 5(2) which reads thus: “5. Law regulating succession to deceased person’s immovable and movable property, respectively: (1).......... (2) Succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations (i) A, having his domicile in [India], dies in France, leaving moveable property in France, moveable property in England, and property, both moveable and immoveable, in [India]. The succession to the whole is regulated by the law of [India]. (ii) A, an Englishman, having his domicile in France, dies in [India] and leaves property, both moveable and immoveable, in [India]. The succession to the moveable property is regulated by the rules which govern, in France, the succession to the moveable property of an Englishman dying domiciled in France, and the succession to the immoveable property is regulated by the law of [India].” (Emphasis added) Placing reliance as above, Mr. Setalwad pointed out that therefore succession to the moveable property of a deceased would be regulated by the law of the country in which such a person had his domicile at the time of his death. He submitted that same was also made clear by Illustration (i) given above. 6. Mr. Setalwad therefore submitted that it is only this Hon’ble Court which could grant a Succession Certificate in respect of the debt/moveable property of the deceased even if the same was lying overseas. He thus submitted that the Succession Certificate had been correctly applied and that this Court would have requisite jurisdiction to grant the same. He, therefore, contended that there was no merit in the preliminary objection raised by the testamentary department as the same was plainly in the teeth of the provisions of the Indian Succession Act both (a) pertaining to the jurisdiction of the Court to grant the certificate; and (b) the law regulating the succession to a deceased person’s moveable property. 7. Though not strictly required, Mr. 7. Though not strictly required, Mr. Setalwad has tendered a copy of a Probate Application for a person who has died leaving assets in England and Wales and did not leave a Will. He invited my attention to “Foreign Domicile” Clause 5.4 of which reads thus: “5.4 Has a succession certificate, inheritance certificate or equivalent document been issued by a court or Notary in the country of domicile of the person who has died? and Note to clause 5.4 which reads thus: “A succession certificate or inheritance certificate is legal document that is usually issued by a civil court outside of the UK or a Notary Public that confirms who is entitled to the estate of the person who’s died without leaving a will. If you do not have any of these documents, you may wish to seek legal advice.” 8. In light of above, Mr. Setalwad submitted that obtaining such a Succession Certificate was a mandatory requirement in order to avail of the debts of the deceased which were lying deposited in Barclays Bank, UK. He, thus, submitted that the objection of the testamentary department be overruled, and the testamentary department be directed to grant/issue a Succession Certificate to the Petitioners. 9. I have heard learned Senior Counsel appearing on behalf of the Petitioners and with his assistance perused provisions of Indian Succession Act, 1925 more particularly Section 371 and Section 5. There is no dispute that the deceased was a resident of Mumbai and passed away in Mumbai, and therefore, on a plain reading of Section 371 of the Indian Succession Act, 1925 this Court would have requisite jurisdiction to grant the Succession Certificate in respect of the debts, securities, assets, moveable property etc of the deceased. Further more, a perusal of Schedule-I of the present Testamentary Petition also makes it clear that the purpose of which the Succession Certificate is required is to avail of the debts of the deceased lying deposited in Barclays Bank, United Kingdom. Section 5 of the Indian Succession Act, 1925 also in terms provides that the succession to the movable property of person deceased is to be regulated by the law of the country in which such person had his domicile at the time of his death. Section 5 of the Indian Succession Act, 1925 also in terms provides that the succession to the movable property of person deceased is to be regulated by the law of the country in which such person had his domicile at the time of his death. In the present case the deceased was domiciled in Mumbai and thus would be governed by Indian Law i.e. the provisions of the Indian Succession Act, 1925. Therefore, the law of succession applicable to the deceased debts, moveable property, securities etc as lying with Barclays Bank, United Kingdom would be regulated by the Indian Law as more particularly provided in Section 5 of the Indian Succession Act. Additionally, this requirement is a mandatory pre-requisit as more particularly pointed out from the Probate Application Form referred to above. 10. In the light of this, the deceased ordinarily residing at the time of his death in Mumbai, the law of succession applicable to him would be Indian Law. It is therefore immaterial that the debts shown in Schedule-I are outside the jurisdiction of this Court. This fact cannot be an impediment to the grant of a Succession Certificate as prayed for. The preliminary objection of the testamentary department is, therefore, overruled. 11. Office to proceed with numbering of the Testamentary Petition forthwith subject to any other objection that may be raised. 12. In the event that there are no other objections, the office to proceed to issue succession certificate expeditiously. 13. Place the Testamentary Petition before the Testamentary Registrar for compliance.