Disposed¶9

Bayjool Desai v. Late Mr Jamnadas Velji Thakkar Deceased

Bombay HC7 Jul 2025TP/3258/2025

Case brief

AI extract

What is this about?

Testamentary petition direction order; probate; general citation; notice to Collector; affidavit of service; non-consenting legal heirs; Rules 399, 400 and 407, Bombay High Court (Original Side) Rules, 1980; cross petition verification; praecipe; final grant; remove from board; Mr. S. U. Lakdawala advocate; Mrs. K. Y. Ambekar Company Registrar / Testamentary Registrar; 48 TP/3258/2025 (E-filing); dated 07.07.2025.

What did the court decide?

Procedural directions issued: Office to issue Citation and Notice to the Collector; advocate to file Affidavit of Service of General Citation and serve non-consenting legal heirs (Rules 399 and 400); Office to verify any cross petition and place it before the Hon'ble Court under Rule 407 if filed; advocate to file praecipe for final-grant listing; matter removed from board. ¶9

Bayjool Desai vs Late Mr Jamnadas Velji Thakkar Deceased — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Service and citation formalities on the testamentary petition: issuance of the general Citation and Notice to the Collector, affidavit of service, service upon non-consenting legal heirs, verification of any cross petition, and readiness for final grant.

¶6

Court's answer

Office directed to issue the Citation and also issue Notice to the Collector; the advocate is directed to take steps.

¶6

Ratio / Principle

Advocate to file an Affidavit of Service of the General Citation and to effect service upon non-consenting legal heirs, if any, as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980.

¶7

Key takeaways

Office to verify whether any 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
Advocate for the petitioner to file a praecipe to place the matter on board as and when it is ready for final grant; the matter is accordingly removed from the board in the meantime.ratio¶9

Detailed headnote1 paragraphs

Bombay High Court (Original Side) - Testamentary jurisdiction. Direction order dated 7 July 2025 passed by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, after hearing Ld. Advocate Mr. S. U. Lakdawala for the petitioner in e-filed Testamentary Petition No. 48 TP/3258/2025. Directions issued: (i) Office to issue the general Citation and Notice to the Collector; (ii) advocate to file an Affidavit of Service of the General Citation and effect service upon any non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980; (iii) Office to verify whether any cross petition has been filed and, if so, place the matter before the Hon'ble Court under Rule 407 of those Rules; and (iv) advocate to file a praecipe to place the matter on board when ready for final grant. The matter was removed from the board pending these steps. Purely procedural direction slip; no substantive adjudication, no precedents engaged, no monetary quantum.

Bayjool Desai v. Late Mr Jamnadas Velji Thakkar Deceased

Case brief

What is this about?

What did the court decide?

Bayjool Desai v. Late Mr Jamnadas Velji Thakkar 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

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