Tushar Shivram Amaldar v. Dattaram Mahadev Ammaldar (Deceased)
Case brief
What is this about?
Testamentary petition for issuance of citation: office directed citation within two weeks, notice to the Collector, service on non-consenting legal heirs per BHC Rules, administration bond under Rule 420, and compliance with Chapter XXVI requisitions. Matter adjourned to 03.02.2025.
What the court decided
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :-10th December, 2024
FOR ISSUANCE OF CITATION :
- TP/5479/2024 P. C. : None for the Petitioner (AMH20240128780C202 1. Perused Petition. Issue Citation within two 400018) weeks from today. Issue Notice to the Collector vide Rules 396 of the Bombay High Court (O.S.) Rules, 1980 (for short “BHC Rules”). Issue citation to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules are complied with. 2. Advocate to take steps in respect of service of General Citation and also to affect the service upon non-consenting legal heirs, if any, as per Rules 399 and 400 of BHC Rules. In case non-consenting legal heirs, the petitioner shall justify the share of such heir/s. The petitioner shall furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that, if there are another legal heir/s other than the petitioner/s. 3. Office to verify if any cross-petition is filed, if cross-petition is filed, then take steps to place before the Hon’ble Court under Rule 407 of the BHC Rules. 4. S. O. to 03.02.2025
10.12.2024 Officer on Special Duty, with Testamentary Department
Parties & counsel
- petitioner
Petitioner (T.P./5479/2024)
Coram
P. A. Jagdale
Case details
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