Disposed¶7

Mahalakshmy Viswanath v. Viswanath Ramnath Manjeri

Bombay HC5 Dec 2025TP/6118/2025

Case brief

AI extract

What is this about?

Testamentary Petition TP/6118/2025, Bombay High Court Testamentary Department, directions order 05-12-2025 by Shri P. A. Jagdale, OSD; advocate Ms. Neelima Kirve i/b Ganesh & Co.; BHC (O.S.) Rules 1980 - Rule 396 (notice to Collector), Chapter XXVI requisitions, Rules 399-400 (General Citation, non-consenting legal heirs), Rule 420 (administration bond for gross amount), Rule 407 (cross-petition); citation within two weeks; S.O. to 06.02.2025.

What did the court decide?

Procedural directions issued on the testamentary petition (citation within two weeks, notice to Collector under Rule 396, Chapter XXVI requisitions compliance, service of General Citation under Rules 399-400, administration bond under Rule 420 where other heirs exist, cross-petition verification under Rule 407); matter adjourned with S.O. to 06.02.2025. ¶7

Mahalakshmy Viswanath vs Viswanath Ramnath Manjeri — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶7

Ratio / Principle

Citation to be issued within two weeks from the date of uploading of the order; notice to be issued to the Collector vide Rule 396 BHC Rules; citation also to non-consenting legal heirs of the deceased, if any.

¶4

Key takeaways

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¶4
Advocate to take steps for service of General Citation and service upon non-consenting legal heirs, if any, as per Rules 399 and 400 of the BHC Rules.ratio¶5
Where there are other legal heirs besides the petitioner, the petitioner must justify the share of non-consenting heirs and furnish an administration bond for the gross amount as per Rule 420 of the BHC Rules within one week thereafter.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty), by directions order dated 05.12.2025 in Testamentary Petition TP/6118/2025: citation to be issued within two weeks of uploading of the order; notice to the Collector vide Rule 396, Bombay High Court (O.S.) Rules, 1980; citation to non-consenting legal heirs, if any; petitioner to comply with Chapter XXVI requisitions (proper prayer, legal-heir information, explanation of delay, locker inventory); service of General Citation and upon non-consenting heirs per Rules 399-400; where other legal heirs exist, petitioner to justify their shares and furnish administration bond for the gross amount per Rule 420 within one week; Office to verify and place any cross-petition before the Court per Rule 407. S.O. to 06.02.2025.

Mahalakshmy Viswanath v. Viswanath Ramnath Manjeri

Case brief

What is this about?

What did the court decide?

Mahalakshmy Viswanath v. Viswanath Ramnath Manjeri

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Statutes considered

Parties & counsel

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