Virgin Rani Selvamani W/O Selvamani Sebastian v. Susey Gnanam Pushparaj Alias S. G. Pushparaj (Deceased)
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :-10th December, 2024 FOR ISSUANCE OF CITATION :
18. TP/5502/2024 (AMH2024012824 0C202400012) P. C. : Shri. Vilas Kadu Ld. Advocate for the Petitioner 1.
Perused Petition. 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 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. Petitioner to take steps to mention the marital status of the Michael Raj as per the provisions of the Indian Succession Act, 1925.
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 04.02.2025 10.12.2024 Officer on Special Duty, with Testamentary Department
5. Later on Ld. Advocate for the petitioner moved a praecipe dated 10.12.2024 and thereby seeks permission to amend the petition by making an averment about the marital status of the Michael Raj. Hence, submission is accepted. Praecipe is allowed. Petitioner to carryout an amendment within two weeks from the date of uploading of this order, if petition is pending.
10.12.2024 Officer on Special Duty, with Testamentary Department