Paresh Harjivandas Kapadia v. Kantaben Harjivandas Kapadia
Case brief
What is this about?
Testamentary petition direction order; probate; notice to non-consenting legal heirs; affidavit of service of general notice; surety justification; Administration Bond; cross petition verification; Rules 399 and 400 and Rule 407, Bombay High Court (Original Side) Rules, 1980; praecipe for final grant; removed from board; Company Registrar / Testamentary Registrar; none present for petitioner.
What did the court decide?
Procedural directions in a testamentary petition: Office to issue notice, including to non-consenting legal heirs of the deceased, if any; petitioner's advocate to file affidavit of service of general notice, effect service on and justify the surety of non-consenting legal heirs as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980, and furnish Administration Bond; Office to verify whether any cross petition is filed for placement before the Hon'ble Court under Rule 407 of the said Rules; advocate to file praecipe when the matter is ready for final grant. Matter removed from board.