Mr Paresh Vinod Bhansali vs Ajay Vinod Bhansali — Bombay HC (2025) — LawSathi Research

Mr Paresh Vinod Bhansali vs Ajay Vinod Bhansali — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to amend the testamentary petition granted; directions issued for carrying out the amendment (within 03 weeks), issuance of citations and Collector notice (Rule 396), service on non-consenting legal heirs (Rules 399 and 400), administration Bond (Rule 420) and compliance with Chapter XXVI requisitions; matter stood over (S.O.) to 12.01.2026.

Issue for consideration

Whether leave may be granted to amend testamentary petition TP/5381/2025 in terms of the draft amendment annexed to the praecipe dated 21.11.2025.

Court's answer

Leave to amend the petition is granted: the proposed draft amendment is found relevant and the petitioner's submission is accepted.

Ratio / Principle

Amendment to be carried out within 03 weeks of uploading this order if the petition is pending; in case of an online petition, the amended petition is to be uploaded within 05 days of the amendment; upon an additional affidavit confirming the proposed amendment, re-verification, if any, stands dispensed with; the advocate for the petitioner to initial the amendment.

Key takeaways

Post-amendment directions: Office to issue Citation within two weeks of carrying out the amendment; Notice to the Collector vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; citation to the non-consenting legal heirs of the deceased, if any; advocate to ensure compliance with requisitions under Chapter XXVI of the BHC Rules (proper prayer, information of legal heirs, explanation of delay, inventory of locker, etc.).ratio¶6
Advocate to take steps for service of General Citation and upon non-consenting legal heirs, if any, as per Rules 399 and 400 of BHC Rules; in case of non-consenting legal heirs, the petitioner shall justify the share of such heir/s and shall furnish an administration Bond for the gross amount as per Rule 420 of the BHC Rules within one week thereafter, if there are other legal heir/s besides the petitioner/s.ratio¶7

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department - compliance order dated 21st November, 2025 by Shri. P. A. Jagdale, Officer on Special Duty, in testamentary petition TP/5381/2025: leave granted to amend the petition in terms of the draft amendment annexed to the praecipe dated 21.11.2025, the proposed amendment being found relevant. Amendment to be carried out within 03 weeks (amended online petition within 05 days); re-verification dispensed with upon additional affidavit confirming the amendment. Office to issue Citation within two weeks of the amendment; Notice to the Collector vide Rule 396, Bombay High Court (O.S.) Rules, 1980; requisitions under Chapter XXVI of the BHC Rules (proper prayer, information of legal heirs, explanation of delay, locker inventory) to be complied with. Service of General Citation and upon non-consenting legal heirs as per Rules 399 and 400, with the petitioner to justify their shares and furnish administration Bond for the gross amount as per Rule 420. Office to verify any cross-petition and place it before the Hon'ble Court under Rule 407. S.O. to 12.01.2026.

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 21^st November, 2025

FOR COMPLIANCE :

TP/5381/2025 P. C. : Shri. P H Israni Ld. Advocate for the Petitioner (AMH2021004546

7C202500003)

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 21.112025. 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 carrying out the amendment, Office to 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.

4 . 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.

5 . S. O. to 12.01.2026

21.11.2025 Officer on Special Duty, with Testamentary Department