Disposed¶¶9

Shahid Abdulaziz v. Abdul Aziz Abdul Ghafoor Khoker

Bombay HC17 Dec 2025TP/6411/2025

Case brief

AI extract

What is this about?

Testamentary petition directions; Bombay High Court Testamentary Department; OSD P. A. Jagdale; TP/6411/2025; deceased Zainab Abdulaziz; citation within two weeks; notice to Collector; BHC Rules Rule 396, Rules 399-400, Rule 420, Rule 407, Chapter XXVI; non-consenting legal heirs share justification; administration bond gross amount; cross-petition verification; Anthoney Fernandes i/b Waquar Ahmed for petitioner; next date S.O. 16.02.2026; order dated 17.12.2025.

What did the court decide?

Interim directions order only; no final relief granted. Citation and Collector/non-heir notices ordered, Chapter XXVI requisitions to be completed, administration bond (Rule 420) required if other heirs exist, cross-petitions to be verified (Rule 407); matter carried forward 'S.O.' to 16.02.2026. ¶¶9

Shahid Abdulaziz vs Abdul Aziz Abdul Ghafoor Khoker — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶9

Ratio / Principle

Citation to be issued within two weeks from the date of uploading of this order; notice to be issued to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; citation also to be issued to any non-consenting legal heirs of the deceased; advocate directed to take steps.

¶¶6

Key takeaways

Requisitions under Chapter XXVI of the BHC Rules (enumerated in the order as proper prayer, information of the legal heirs, steps to explain delay, inventory of any locker, etc.) are to be complied with, with the petitioner's advocate directed to ensure compliance.ratio¶¶6
The petitioner is directed to state particulars of the parents and grandparents of the deceased Zainab Abdulaziz.ratio¶¶6
Steps to be taken for service of the General Citation and for effecting service upon any non-consenting legal heirs as per Rules 399 and 400 of the BHC Rules; where there are non-consenting legal heirs, the petitioner shall justify the share of such heir(s).

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty P. A. Jagdale) — directions order dated 17.12.2025 on Testamentary Petition TP/6411/2025 concerning the estate of deceased Zainab Abdulaziz. Directions issued: Citation to issue within two weeks of uploading; notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 ('BHC Rules'); citation to any non-consenting legal heirs; service of General Citation and of notices on non-consenting heirs per Rules 399–400 BHC Rules, with petitioner to justify the share of any non-consenting heir; compliance with Chapter XXVI BHC Rules requisitions (proper prayer, information of legal heirs, explanation of delay, locker inventory, etc.); petitioner to state the parents and grandparents of the deceased; administration bond for the gross amount per Rule 420 BHC Rules within one week where heirs other than the petitioner exist; Office to verify cross-petitions and place them before the Court under Rule 407 BHC Rules; S.O. to 16.02.2026.

Shahid Abdulaziz v. Abdul Aziz Abdul Ghafoor Khoker

Case brief

What is this about?

What did the court decide?

Shahid Abdulaziz v. Abdul Aziz Abdul Ghafoor Khoker

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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