Swarnkanta Hansraj Arora v. Hansraj Jowindamal Arora (Deceased)
Case brief
What is this about?
Procedural order in testamentary matters directing issuance of citation, notice to the Collector, and service upon non-consenting legal heirs under the Bombay High Court Original Side Rules.
What the court decided
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 06th July, 2024
FOR ISSUANCE OF CITATION :
- TP/3083/2024 P. C. : None for the Petitioner [Original] 1 . (ECHCBM02100782024)
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 state about the mother of the deceased.
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. 27.08.2024
06.07.2024 Officer on Special Duty, with Testamentary Department
Parties & counsel
- applicant
None for the Petitioner [Original] 1
- respondent
Collector
Coram
P. A. Jagdale
Case details
As recorded by the court registry
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