Habiba Jamaluddin Masalawala v. Aziz Kassamali Jagmagia (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 09th May, 2025 FOR COMPLIANCE :

49. TP/5509/2024 (AMH20240129625C202 400001) with IA(L)/7588/2025 (AMH20240129625C202 5000007) P. C. :

Shri. Rihal Kazi a/w Ms. Zainab Tinwala i/b M & M Legal Ventures Ld. Advocate for the Petitioner

1. Read order dated 22.04.2025 in IA(L)7588/2025, Ld. Advocate for the petitioner has carried out the amendment. Office to issue citation.

2.

Issue Citation within two weeks from the date of uploading of this order. 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. The 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 (such as proper prayer, information of the legal heirs, etc.) are complied with.

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 01.07.2025 09.05.2025 Officer on Special Duty, with Testamentary Department