Disposed¶9

Vinodkumar Gautamlal Shah v. Kokilaben Vinodkumar Shah (Deceased

Bombay HC28 Mar 2025TP/1492/2025

Case brief

AI extract

What is this about?

Bombay High Court Testamentary Registrar order dated 28.03.2025 in 23 TP/1492/2025 (E-filing); notice to non-consenting legal heirs; Affidavit of Service of General Notice; Rules 399, 400 and 407 of the Bombay High Court (Original Side) Rules, 1980; surety justification; Administration Bond; cross petition verification; S.O. 23.06.2025; advocate Niraj V. Punmiya.

What did the court decide?

Office directed to issue Notice within four weeks from the date of uploading of the order. ¶6

Vinodkumar Gautamlal Shah vs Kokilaben Vinodkumar Shah (Deceased — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

¶9

Issue for consideration

Whether notice should issue, including to the non-consenting legal heirs of the deceased, and whether the petitioner must complete service formalities (Affidavit of Service of General Notice, service per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980, surety justification and Administration Bond). +1 more

¶6

Court's answer

Office directed to issue Notice within four weeks from the date of uploading of the order.

¶6

Ratio / Principle

Notice to be issued to the non-consenting legal heirs of the deceased, if any.

¶6

Key takeaways

Advocate to file Affidavit of Service of General Notice and also effect service upon non-consenting legal heirs, if any, as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980.ratio¶7
Advocate further directed to justify the surety of non-consenting legal heirs and furnish Administration Bond within two weeks thereafter.ratio¶7
Office to verify whether any cross petition is filed and, if a cross petition is filed, to take steps to place it before the Hon'ble Court under Rule 407 of the Bombay High Court (Original Side) Rules, 1980.

Detailed headnote1 paragraphs

Order dated 28.03.2025 of Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, in e-filed Testamentary Petition 23 TP/1492/2025 (listed 'Called for Direction'), Mr. Niraj V. Punmiya for petitioner: (i) Office to issue Notice within four weeks from the date of uploading of the order, including Notice to non-consenting legal heirs of the deceased, if any; (ii) advocate to file Affidavit of Service of General Notice and effect service upon non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980, justify their surety and furnish Administration Bond within two weeks thereafter; (iii) Office to verify whether any cross petition is filed and, if so, take steps to place it before the Hon'ble Court under Rule 407; (iv) matter stood over to 23.06.2025.

Vinodkumar Gautamlal Shah v. Kokilaben Vinodkumar Shah (Deceased

Case brief

What is this about?

What did the court decide?

Vinodkumar Gautamlal Shah v. Kokilaben Vinodkumar Shah (Deceased

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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