Bombay High CourtTP/5875/2024grant issued

Ankita Prakash Joshi v. Malvika Prakash Joshi (Deceased No. 1)

2025-02-04Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

58. TP/5875/2024 (AMH20240128290C2 02400001) P. C. : Shri. Mahmood Ali i/b HIREN GUNVANT SHAH Ld. Advocate for the Petitioner

1. Ld. Advocate for the Petitioner submits that property mentioned at serial no. 1 is jointly held by the deceased no. 1 and 2 by 66% and remaining share is of petitioner. Hence, I pass the following order.

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 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 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 26.03.2025 04.02.2025 Officer on Special Duty, with Testamentary Department