Kalpana Ramesh Kanakia v. Ramesh Manmohandas Kanakia

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 25th June, 2025 CALLED FOR DIRECTION:

6.TP/2685/2025 ) ) ) ) ) ) ) ) ) ) Ms. Riya Vasa i/b. Lexicon Law Partners, Ld. Advocate for the Petitioner.

P. C. :

1. Perused Petition. Issue Citation within two weeks from the date of uploading of this order. 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. The 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 (such as proper prayer, information of the legal heirs, explanation about the delay, etc., if applicable) are complied with. Ld. advocate for the petitioner is permitted to amend the date of death of the deceased, as stated in the praecipe dated 25.06.2025 within 02 weeks from the date of uploading this order. Re-verification is dispensed with. 2.

Advocate to take steps in respect of service of General Citation and also to affect the service upon nonconsenting 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.

3. 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.

4. S.O. to 07.08.2025 25.06.2025 Officer on Special Duty, with Testamentary Department