Mr. Javed Ahmed Wali Mohammed Choudhary v. Late Mr. Wali Mohammad(Deceased)
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 24th April, 2024 FOR ISSUANCE OF CITATION :
6. TP/1709/2024 [Original] (ECHCBM020437 32024) P. C. : Shri. Pratik Pujari a/w Ms. Ayesha Qureshi i/b Pratik Amin Associates Ld. Advocate for the Petitioner 1.
Perused Petition. Issue Citation within two weeks. Issue Notice to the Collector as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980. Issue citation to the nonconsenting legal heirs of the deceased, if any. Advocate is directed to take steps and ensure that requisition under chapter XXVI of the Bombay High Court (O.S.) Rules, 1980 (for short "BHC Rules") are complied with. Petitioner to state about the religion of the deceased and state which personal law is applicable to the deceased and petitioner to state about the parents and grand parents of the deceased. After complying with the above directions. Citation to be issued.
2.
Advocate to take steps regarding Service of General Citation as per Rule 397 of the BHC Rules and also effect service upon non- consenting legal heirs, if any, as per Rules 399 and 400 of the BHC Rules and also justify the surety of non-consenting legal heirs, if any, and furnish Administration Bond, for Gross amount, vide Rule 420 of BHC Rules, within one week thereafter, if there are other legal heir including the petitioner.
3. Office to verify if any cross petition is filed, if cross petition file, then take steps to place before the Hon'ble Court under Rule 407 of BHC Rules.
4. S. O. 05.07.2024 24.04.2024 Officer on Special Duty, with Testamentary Department