Yogesh Chandrakant Funde v. Chandrakant Laxman Funde(Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 24th July, 2024 FOR COMPLIANCE:

58. TP/1796/2024 [Original] (ECHCBM02053882024) P. C. :

Shri. Sandeep Kocharekar Ld. Advocate for the Petitioner 1.

Read praecipe dated 24.07.2024, petitioner is willing to explain the legal heirs of the deceased and thereby to delete the name of Ramba from the petition. Furthermore, petitioner is willing to correct the share of the legal heirs. He submitted that as per the provisions of the Hindu Marriage Act, 1955 in life time of first wife, if husband marries with another woman then such marriage is not as per the Law. However, such issue is to be decided by the Court having proper jurisdiction, unless there is no dispute with respect to the fact. Furthermore, Ld. Advocate for the petitioner submitted that petitioner has informed him that Said Ramba is not objecting to delete her name. It is choice of the said Ramba either to join the petition or not, unless the Court having proper jurisdiction determine the status of such marriage. Hence, in view of the submission of the Ld. Advocate praecipe is allowed, subject to condition that the petitioner to file affidavit of said Ramba supporting the statement of the petitioner. 2.

Upon production of such affidavit, the petitioner to carryout an amendment as well as consequential amendments within four weeks from the date of uploading of this order, if petition is pending. Furthermore, the petitioner to inform the said person about the deletion of the name.

3. Furthermore, Department to correct category of

the petition in the record of CIS.

4. 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.

5.

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.

6. 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.

7. S. O. 18.09.2024 24.07.2024 Officer on Special Duty, with Testamentary Department