Aaditee Deodatta Jog vs Ravindra Gangadhar Jog (Deceased) — Bombay HC (2025) — LawSathi Research

Aaditee Deodatta Jog vs Ravindra Gangadhar Jog (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to amend the petition granted in terms of the draft amendment annexed to the praecipe dated 28.11.2025 (amendment to be carried out within 03 weeks); consequential procedural directions issued for citation, notice to the Collector, service on legal heirs and administration bond; matter posted (S.O.) to 28.01.2026.

Issue for consideration

Whether the petitioner should be permitted to amend the testamentary petition in terms of the draft amendment annexed to the praecipe dated 28.11.2025.

Court's answer

The application for amendment is allowed: the proposed draft amendment is held relevant, and the petitioner is to carry out the amendment within 03 weeks of the order being uploaded (if the petition is pending), with consequential amendments allowed; in case of an online petition the amended petition is to be uploaded within 05 days of the amendment; upon filing of an additional affidavit confirming the proposed amendment, re-verification, if any, stands dispensed with; the petitioner's advocate is to initial the amendment.

Ratio / Principle

Procedural directions issued for further processing of the testamentary petition: citation to issue within two weeks of carrying out the amendment; notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; citation to non-consenting legal heirs of the deceased, if any; compliance with Chapter XXVI BHC Rules requisitions (proper prayer, information of legal heirs, explanation of delay, inventory of locker, if any); service of General Citation and service upon non-consenting legal heirs as per Rules 399 and 400, with the petitioner to justify the share of any non-consenting heir; administration bond for the gross amount as per Rule 420 within one week if there are other legal heirs; Office to verify whether any cross-petition is filed and, if so, place it before the Court under Rule 407; S.O. to 28.01.2026.

Detailed headnote1 paragraphs

Testamentary Petition (TP/2204/2024), Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty) — Order dated 02.12.2025 on praecipe dated 28.11.2025 — Petitioner's application for leave to amend the petition allowed, the draft amendment being found relevant — Amendment to be carried out within 03 weeks of uploading of the order; amended petition to be uploaded within 05 days where the petition is online; re-verification dispensed with upon filing of an additional affidavit confirming the amendment; advocate to initial the amendment — Directions: citation within two weeks of amendment; notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; citation to non-consenting legal heirs; compliance with Chapter XXVI BHC Rules requisitions (proper prayer, information of legal heirs, explanation of delay, locker inventory); service of General Citation and on non-consenting heirs per Rules 399 and 400 with justification of the heir's share; administration bond for the gross amount per Rule 420 where other legal heirs exist; Office to verify any cross-petition and place it before the Court under Rule 407 — S.O. to 28.01.2026.

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02^nd December, 2025

FOR COMPLIANCE :

TP/2204/2024 P. C. : Ms. Nisha Agarwal i/b S A Abhayankar Ld. Advocate [Original] for the Petitioner (ECHCBM02141832023)

Heard Ld. Advocate for the petitioner. Petitioner seeks permission to amend the petition, in terms of the Draft amendment, annexed to the said praecipe, dated 28.11.2025. Proposed amendment is appeared to be relevant in terms of draft amendment. Hence, submission is accepted. Petitioner to carry out an amendment withing period of 03 weeks from the date of uploading this order, if the petition is pending. Consequential amendment, if any, stands allowed. Furthermore, in case of online petition, the petitioner to upload the amended petition, within period of 05 days from the date of amendment. Upon filing an additional affidavit by the petitioner, confirming the proposed amendment, the re-verification, if any, stands dispensed with. However, Ld. advocate for the petitioner to initial the amendment.

After amendment is carried out. Issue Citation within two weeks from the date of carrying out the amendment. 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. The 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 (such as proper prayer, information of the legal heirs, furthermore the petitioner to take steps to explain delay, to carry out an inventory of the locker, if any, etc. are complied with. ) are complied with.

3 . 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.

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.

S. O. to 28.01.2026

02.12.2025 Officer on Special Duty, with Testamentary Department