Dipak Maruti Nilave vs Priya Vishnu Parab (Deceased) — Bombay HC (2025) — LawSathi Research

Dipak Maruti Nilave vs Priya Vishnu Parab (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory directions issued in the testamentary petition: compliance with office objections within three weeks; issuance of General Citation (affixture on notice boards of the High Court and Collector's office, Sec. 397) and Specific Citation/Notice to non-consenting legal heirs and legatees within two weeks; notice to the Collector (Rule 396); service of citation with affidavit of service (Rule 397); Administration Bond vide Form No. 118 r/w Rule 420; disclosure of properties in the Will omitted from the Petition and Chapter XXVI requisitions; verification that no Caveat or Cross Petition is pending; matter listed to 09.04.2025.

Issue for consideration

Whether citation should be issued in the testamentary petition and what steps and notices the petitioner and the office must complete for that purpose. +1 more

Court's answer

Office directed to issue General Citation for affixing on the notice board of the Hon’ble High Court and Collector’s office as per Sec. 397 of the Bombay High Court (O. S.) Rules, 1980.

Ratio / Principle

Petitioner to take steps about the legatees to whom the legacy is bequeathed under the Will and may file consent affidavits of such legatee(s) and/or legal heir(s) of the deceased.

Key takeaways

Office to issue Specific Citation/Notice to non-consenting legal heir(s) as well as Legatee(s), if any, within two weeks from the date of uploading the order.ratio¶3
Petitioner, through its advocate, to comply with office objections, if any, so raised, within three weeks.ratio¶3
Office to issue notice to the Collector as per Rule 396 of the Rules.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — Order dated 18.02.2025 by Shri P. A. Jagdale, Officer on Special Duty, in T.P. No. 761/2025 (WILL/298/2025). Petition filed by a claimant-beneficiary under the last Will and Testament of the deceased; no advocate present. Directions issued: (i) petitioner to comply with office objections within three weeks; (ii) Office to issue General Citation for affixture on the notice boards of the Hon’ble High Court and the Collector’s office under Sec. 397 of the Bombay High Court (O. S.) Rules, 1980; (iii) petitioner to take steps regarding legatees under the Will and may file consent affidavits of legatee(s)/legal heir(s); (iv) Office to issue Specific Citation/Notice to non-consenting legal heirs and legatees within two weeks of uploading the order; (v) notice to the Collector under Rule 396; (vi) petitioner to effect service of citation under Rule 397 and file affidavit of service within two weeks of issuance; (vii) Administration Bond for the gross amount vide Form No. 118 r/w Rule 420 with surety particulars; (viii) petitioner to disclose properties appearing in the Will but omitted from the Petition and comply with Chapter XXVI requisitions; (ix) Office to verify that no Caveat or Cross Petition is pending. Listed to 09.04.2025.

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 18^th February, 2025

FOR ISSUANCE OF CITATION :

TP/761/2025 P. C. : None for the Petitioner (AMH20230017147 C202400001) 1) The Petition is filed by the Petitioner claims to be with beneficiary under the last Will and WILL/298/2025 Testament of the Deceased. Ld. Advocate for the petitioner to comply with office objections, if any, so raised within three weeks. 2) Office is directed to issue General Citation for affixing the same on the notice board of the Hon’ble High Court and Collector’s office as per Sec. 397 of the Bombay High Court (O. S.) Rules, 1980 (for short ‘Rules’). 3) Petitioner to take steps about the legatees to whom the legacy is bequeathed under the Will, if any, according to law. Furthermore, the petitioner may file the consent affidavit of these legatee(s) and /or legal heir(s) of the deceased, if any. 4) Office to issue Specific Citation/Notice to nonconsenting legal heir(s) as well as Legatee(s), if any, within two weeks, from the date of uploading this Order. The Ld. Advocate for the petitioner to inform the office about the name(s) of these non-consenting legal heir(s) and / or legatee(s), if any. 5) Office to Issue Notice to the Collector as per the Rule 396 of the Rules. 6) Ld. Advocate for Petitioner to effect service of Citation as per Rule 397 of the rules and to file Affidavit of service within two weeks after issuance of Citation. 7) Petitioner to file an Administration Bond for the gross amount vide form no. 118 r/w Rule 420 of the Bombay High Court (O.S.) Rules, 1980 alongwith the name of surety and address and identity proofs thereof. 8) Petitioner to state about the property or properties which is/are mentioned in the Will, but not mentioned in the Petition. Petitioner to comply requisitions as per the Chapter XXVI of the Rules. 9) Office to verify that no Caveat or Cross Petition is pending. 10) S. O. to 09.04.2025

18.02.2025 Officer on Special Duty, with Testamentary Department