Shilpa Mukesh Shah v. Sumitra Arvind Shah Alias Shah Sumitra Arvind Alias Shah Sumitra Alias Sumitra Ben Shah ( Deceased)

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

87. TP/4716/2024 (AMH20210053261C202 400024) with WILL/1865/2024 P. C. :

Shri. Vishal Nevshe i/b Aneeta Vasani Ld. Advocate for the Petitioner

1. Perused affidavit of the Bailiff affirmed on 05.03.2025 it appears that citation sent to postal department on 04.01.2025 was dispatched.

2. It appears that Bailiff has filed the affidavit about the service of citation as served. However, upon perusal of the tracking report which is marked as Exhibit-D to the affidavit, "RECEIVED RECEPTACLE FROM ABROAD". However, there is no entry about the delivery of the article to the address. Hence, call remarks from the bailiff upon the service of citation. Furthermore, the petitioner to ensure that such entry is enough to accept as a service of citation.

3. Petitioner to verify the marital status of the deceased. Petitioner to take steps to state about the mother of the since deceased husband.

4. Citation on the notice board of the Collector is affixed on 16.11.2024 i.e. Saturday (Holiday). Hence, petitioner to take steps.

5. petitioner to justify the share of non-consenting legal heirs.

6. petitioner to file consent affidavit of Alpa. Hence, adjourned.

7. Petitioner to state that amount payable to the legatees under the Will namely Suresh Vora, Jyoti Gandhi, Premal Shah and Swati Shah is bequeathed.

8. S. O. to 18.06.2025 25.04.2025 Officer on Special Duty, with Testamentary Department