Anahita Kaikhusru Batliboi v. Soonabai Jehangir Batliboi

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 22nd November, 2024 FOR COMPLIANCE :

106. TP/2379/2024 [Original] (ECHCBM02196802023) P. C. :

Shri. Shirish Mathkar a/w Shri. Nilesh Modi i/b Rustomji Ginwala Ld. Advocate for the Petitioner

1. Perused petition. The Original Will and second codicil are called for perusal from the custody. 2.

Ld. Advocate for the petitioner submits that only property left to be administered. However, when this authority has made query about the bequest given to persons as per the Codicil of the Will, he submits that it might be given by the Executors. However, there is no such document or record. Hence, the petitioner to satisfy that the bequest is given to these legatees and therefore citation and other procedure vide Sec. 239 of the Indian Succession Act, 1925 need not be followed. 3.

Ld. Advocate for the petitioner submits that in view of order passed by the Hon'ble Court in TP No. 2918/2023, all petitioners are legal heirs and there are no other legal heirs whose interest is to be protected and therefore, the petitioners are exempted from the furnishing Administration Bond. However, in view of bequest given to the legatees, their interest is to be protected if they are unpaid. Hence, petitioners to take steps according to Law. Hence, adjourned for further order.

2. S. O. to 03.12.2024 22.11.2024 Officer on Special Duty, with Testamentary Department