Ashokkumar Babubhai Rajput v. Lalita Satish Bahaduriya (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 04th February, 2025 FOR COMPLIANCE:

27. TP/4680/2024 (AMH20240129491C 202400005) P. C. : Ms. Sharmili Mhatre i/b Mhatre Law Associates Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner submits that petition has been amended and petitioner has averred that there is no legal heirs left by the deceased and deceased husband except mentioned in para no. 4, in order to compliance of the directions given on 05.10.2024. Considering this submission I proceed to pass an order.

2. Office to issue citation issue Citation within two weeks from today. 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 nonconsenting legal heirs of the deceased, if any. 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 are complied with. petitioner to state about the spouses of since deceased Legal Heirs as per the Laws.

3. 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.

4. 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.

5. S. O. to 25.03.2025 04.02.2025 Officer on Special Duty, with Testamentary Department