Order directing issuance of citation, notice to Collector, service on non-consenting legal heirs, and compliance with testamentary rules under BHC Rules 1980.
Issue citation, notice to Collector, serve non-consenting legal heirs, justify surety, and furnish Administration Bond.
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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 22nd April, 2024
FOR ISSUANCE OF CITATION :
P. C. :
Shri. Suyash Kalbhor i/b B G Saraf Ld. Advocate for the Petitioner
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 to give details of property mentioned at serial no. 3 of the schedule.
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. 28.06.2024
22.04.2024 Officer on Special Duty, with Testamentary Department
5 provisions across 1 enactments
Petitioner
Collector
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
