Disposed¶¶6

Abdul Rahim Abdul Razzaque Khan v. Abdul razzak Razzaqe Amir Aziz Khan Deceased

Bombay HC3 Jul 2025TP/2883/2025

Case brief

AI extract

What is this about?

Testamentary petition; issuance of citation; Bombay High Court (O.S.) Rules, 1980 - Rules 396, 399, 400, 407, 420; Chapter XXVI requisitions; non-consenting legal heirs; administration bond for gross amount; inventory of locker; deceased widow; notice to Collector; cross-petition; General Citation service; Jayant Wani; Neelam Jadhav; P. A. Jagdale; TP/2883/2025; next date 18.08.2025.

What did the court decide?

Interim directions in the testamentary petition: citation to issue within two weeks; notice to the Collector (Rule 396) and citation to non-consenting legal heirs; compliance with Chapter XXVI requisitions; service of General Citation per Rules 399-400; administration bond per Rule 420; verification of any cross-petition under Rule 407; matter stood over (S.O.) to 18.08.2025. ¶¶6

Abdul Rahim Abdul Razzaque Khan vs Abdul razzak Razzaqe Amir Aziz Khan Deceased — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶6

Issue for consideration

Whether citation should be issued in Testamentary Petition TP/2883/2025 and which procedural steps under the Bombay High Court (O.S.) Rules, 1980 the petitioner must complete.

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Court's answer

Citation to be issued within two weeks from the date of the order.

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Ratio / Principle

Notice to be issued to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980.

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Key takeaways

Citation to be issued to the non-consenting legal heirs of the deceased, if any.ratio¶¶6
Petitioner's advocate to ensure compliance with requisitions under Chapter XXVI of the BHC Rules, including proper prayer, information of legal heirs, explanation of delay and inventory of any locker.ratio¶¶6
Petitioner to state about the parents and grandparents of the deceased widow, who has since passed away.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (order dated 03.07.2025, before Shri P. A. Jagdale, Officer on Special Duty): In Testamentary Petition TP/2883/2025, the Court perused the petition and directed issuance of Citation within two weeks, notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980, and citation to any non-consenting legal heirs of the deceased. The petitioner was directed to comply with Chapter XXVI requisitions (proper prayer, information of legal heirs, explanation of delay, inventory of any locker) and to state the parents and grandparents of the deceased widow. Steps were ordered for service of the General Citation and upon non-consenting heirs per Rules 399-400; an administration bond for the gross amount per Rule 420 was required within one week if other heirs exist; the Office was to verify any cross-petition and place it before the Court under Rule 407. S.O. to 18.08.2025.

Abdul Rahim Abdul Razzaque Khan v. Abdul razzak Razzaqe Amir Aziz Khan Deceased

Case brief

What is this about?

What did the court decide?

Abdul Rahim Abdul Razzaque Khan v. Abdul razzak Razzaqe Amir Aziz Khan Deceased

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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