Disposed¶6

Vijay Yeshwant Sane v. Yeshwant Janardan Sane

Bombay HC30 Apr 2025TP/1905/2025

Case brief

AI extract

What is this about?

Testamentary registrar direction order 30.04.2025; 50 TP/1905/2025 (E-filing) WITH WILL/770/2025; called for direction; none present for petitioner; citation to be issued within eight weeks; notice to the Collector; affidavit of service of general citation within four weeks thereafter; service upon non-consenting legal heirs; Rules 399 and 400 and Rule 407 of Bombay High Court (Original Side) Rules, 1980; cross petition verification; praecipe for placement on board for final grant.

What did the court decide?

No substantive relief; interim administrative directions issued to the Office and the advocate to progress the testamentary petition towards final grant. ¶6

Vijay Yeshwant Sane vs Yeshwant Janardan Sane — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; interim administrative directions issued to the Office and the advocate to progress the testamentary petition towards final grant.

¶6

Ratio / Principle

Office directed to issue the Citation within eight weeks from the date of uploading of the order and also to issue Notice to the Collector; the advocate is directed to take steps.

¶6

Key takeaways

Advocate directed to file the Affidavit of Service of the General Citation within four weeks thereafter and to effect service upon any non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980.ratio¶7
Office directed to verify whether a cross petition has been filed; if so, steps to be taken to place the matter before the Hon'ble Court under Rule 407 of the Bombay High Court (Original Side) Rules, 1980.ratio¶8
Learned advocate for the petitioner directed to file a praecipe to place the matter on board as and when it is ready for final grant.

Detailed headnote1 paragraphs

Direction order dated 30 April 2025 passed by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, in testamentary petition 50 TP/1905/2025 (E-filing) read with WILL/770/2025, listed 'CALLED FOR DIRECTION', with none present for the petitioner. The Registrar directed: (i) the Office to issue the Citation within eight weeks of uploading of the order and to issue Notice to the Collector, with the advocate to take steps; (ii) the advocate to file the Affidavit of Service of the General Citation within four weeks thereafter and to effect service upon any non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980; (iii) the Office to verify whether a cross petition has been filed and, if so, to place the matter before the Hon'ble Court under Rule 407 of the said Rules; and (iv) the learned advocate for the petitioner to file a praecipe to place the matter on board as and when it is ready for final grant. No substantive relief was granted; the matter remains at a pre-grant procedural stage.

Vijay Yeshwant Sane v. Yeshwant Janardan Sane

Case brief

What is this about?

What did the court decide?

Vijay Yeshwant Sane v. Yeshwant Janardan Sane

Case brief

What is this about?

What did the court decide?

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What the court decided

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