Dominic Lawrence Fernandes v. Feliciana Fernandes (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 26th February, 2025 CALLED FOR DIRECTION:

46.TP/5423/2024 [Original] Ms. Chandravali Nair Advocate, for the Petitioner. P.C:

1. Read Praecipe dated 26.02.2025 a/w. Order dated 05.02.2025. Time to carry out an amendment is extended by further three weeks from the date of uploading of this order, if the petition is pending. Furthermore, if petitioner files an additional affidavit, confirming the proposed amendment which is to be carried out in the petitioner, a reverification is dispensed with.

2. after carrying out an amendment, within two weeks, the office to issue Citation. 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. Advocate is directed to take steps in this regard. Ld. Advocate for the petitioner to ensure that requisitions (Such as prayer, explanation of the delay, if any, etc) under Chapter XXVI of the BHC Rules are complied with.

3.

Advocate to take steps in respect of service of General Citation and also to affect the service upon nonconsenting 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 crosspetition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the BHC Rules.

5. S.O. to 9th April, 2025.

Officer on Special Duty, with Testamentary Department 26.02.2025