Abbas Tyebji Dahodwala v. Husenabai Tayebji Dahodwala (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 26th November, 2024 FOR COMPLIANCE:

16. TP/514/2024 [Original] (ECHCBM02142 032023) P. C. :

Shri. Gautam Dongre Ld. Advocate for the Petitioner 1.

Perused the amended Petition. Ld. Advocate for the petitioner submits that the then petitioner No. 2 is no more. However, he has executed a Will and property is bequeathed to the trust. Hence, trustee of the said trust is shown to be legal heir of the said deceased in the table of the legal heirs. However, said trustee will be the representative of the said trust, but his legal heirs' names must be shown in the table of the legal heirs for the information. Hence, the petitioner to take steps accordingly.

2.

Perused Petition. Issue Citation within two weeks from today. 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 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 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 crosspetition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the BHC Rules.

5. S. O. to 16.01.2025 26.11.2024 Officer on Special Duty, with Testamentary Department