Salman Qamar Husain v. Qamar Husain Akhtar Husain (Deceased)

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

92. TP/4956/2024 (AMH20240130757C202 400001) P. C. :

Shri. C. N. Kumar Ld. Advocate for the Petitioner

1. On 19.10.2024, incorrect order is uploaded as file available in the drive is of another Testamentary petition. Hence, order clause No.1 be corrected as "none for the petitioner, petition is adjourned." 2.

Perused Petition. Issue Citation within two weeks after carrying out the amendment. 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. 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. Furthermore, petitioner to take steps to state about the father and grand parents of the deceased. 3.

Advocate to take steps in respect of service of General Citation and also to affect the service upon non-consenting 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 cross-petition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the BHC Rules.

5. S. O. to 12.12.2024 24.10.2024 Officer on Special Duty, with Testamentary Department