Mahmadhusen Ahemadali Kapasi v. Yasmin Abbas Rajkotwala(Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 24th April, 2024 FOR ISSUANCE OF CITATION :

36. TP/1760/2024 [Original] (ECHCBM02053442 024) P. C. : Ms. Jyoti Badgujar i/b Lakdawala & Co. Ld. Advocate for the Petitioner 1.

Perused Petition. 2nd husband of the decease since deceased to the deceased. Upon death of deceased property devolved upon her husband as per personal laws applicable tot he parties. Therefore, legal heirs of the said since deceased, as per provisions of personal laws are entitled to inherit the property. Therefore, petitioner to explain about the legal heirs of the said since deceased husband. Upon taking steps in this regard citation be issued.

2. Issue Citation within two weeks from today. Issue Notice to the Collector as per Rule 396 of the Bombay High Court (O. S.) Rules, 1980. Issue citation to the non-consenting 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.

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. 09.07.2024 24.04.2024 Officer on Special Duty, with Testamentary Department