Pervin Rohinton Wadia v. Arnoo Homi Cooper (Deceased)
Case brief
What is this about?
Compliance hearing in a testamentary petition. The court accepted that lineal descendants of the deceased could present the petition under Section 218 read with Section 55 of the Indian Succession Act, 1925, and issued citations, notice to the Collector, and directions for service and administration bond.
What did the court decide?
Citations and notice to the Collector issued; petitioner directed to take procedural steps including service and furnishing Administration Bond.
What the court decided
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 20th August, 2024
FOR COMPLIANCE:
- TP/3051/2024 [Original] (ECHCBM02061412 024)
P. C. : Ms. Huzan Bhumgara i/b Desai Diwanji Ld. Advocate for the Petitioner
- Ld. Advocate for the Petitioner submitted that she has uploaded amended copy of the petition. However, Petition is not showing in the CIS, however, the same is showing in the drive.
- Perused the petition and the additional affidavit of the petitioner with the family tree of the maternal and paternal heirs of the deceased. Ld. Advocate for the petitioner submitted that as per Sec. 55 of the Indian Succession Act, 1925(for short “IS Act”) the petitioner being the lineal descendants of the deceased they have claimed to be legal heirs of the deceased. She undertakes that she will amend the paragraph relating the legal heirs and thereby peitioner will mention the legal heirs such as descendants of Jehangir Mody. Submission is accepted, as the petitioner can present the petition vide Sec. 218 of IS Act read with Sec. 55 of the IS Act. It would be proper to proceed further.
- 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 nonconsenting 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.
Issues for consideration
1 issue framed by the court
Whether the petition by lineal descendants of the deceased under Sections 218 and 55 of the Indian Succession Act, 1925 may be presented and proceeded with.
Parties & counsel
- petitioner
Petitioner (TP/3051/2024)
Coram
P. A. Jagdale
Case details
As recorded by the court registry
All orders in this case
10 orders share this CNR
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