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Bombay High CourtTP/3051/2024grant issued

Pervin Rohinton Wadia v. Arnoo Homi Cooper (Deceased)

2024-08-20Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 20th August, 2024 FOR COMPLIANCE:

71. TP/3051/2024 [Original] (ECHCBM02061412 024) P. C. : Ms. Huzan Bhumgara i/b Desai Diwanji Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner submitted that she has uploaded amended copy of the petition. However, Petition is not showing in the CIS, however, the same is showing in the drive.

2. Perused the petition and the additional affidavit of the petitioner with the family tree of the maternal and paternal heirs of the deceased. Ld. Advocate for the petitioner submitted that as per Sec. 55 of the Indian Succession Act, 1925(for short "IS Act") the petitioner being the lineal descendants of the deceased they have claimed to be legal heirs of the deceased. She undertakes that she will amend the paragraph relating the legal heirs and thereby peitioner will mention the legal heirs such as descendants of Jehangir Mody. Submission is accepted, as the petitioner can present the petition vide Sec. 218 of IS Act read with Sec. 55 of the IS Act. It would be proper to proceed further.

3.

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 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. 4.

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.

5. 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.

6. S. O. 07.10.2024 20.08.2024 Officer on Special Duty, with Testamentary Department