This is a brief procedural order directing the issuance of citation and notice in a testamentary matter. It directs the advocate to comply with specific rules under the Bombay High Court (O.S.) Rules, 1980, regarding inventory, service of citation, and furnishing an administration bond. No substantive legal question is decided.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 19th April, 2024
FOR ISSUANCE OF CITATION :
1 . Perused Petition. Issue Citation within two weeks from today. Issue Notice to the Collector as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980. Issue citation to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps and ensure that requisition under chapter XXVI of the Bombay High Court (O.S.) Rules, 1980 (for short “BHC Rules”) are complied with. Petitioner to take steps for inventory of the locker.
2 . Advocate to take steps regarding Service of General Citation as per Rule 397 of the BHC Rules and also effect service upon non- consenting legal heirs, if any, as per Rules 399 and 400 of the BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond, for Gross amount , vide Rule 420 of BHC Rules, within one week thereafter, if there are other legal heir including the petitioner.
3 . Office to verify if any cross petition is filed, if cross petition file, then take steps to place before the Hon’ble Court under Rule 407 of BHC Rules.
4 . S. O. 25.06.2024
19.04.2024 Officer on Special Duty, with Testamentary Department
None for the Petitioner [Original]
P. A. Jagdale
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
