Vilas Waman Jagtap v. Subhadra Khandu Dhiwar (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 08th January, 2025 FOR COMPLIANCE :

75. TP/5887/2024 (AMH20240003856C202 400005) P. C. :

Ms. Shruti Lakhani Ld. Advocate for the Petitioner

1. Ld. Advocate for the petitioner submits that the petitioner is son of the deceased and therefore he claims an inheritance of the deceased vide Sec. 15(1) (a) of the Hindu Succession Act, 1956. Submission is accepted. Hence, following citation Order.

2.

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. The advocate is directed to take steps. Ld. Advocate for the petitioner to ensure that requisitions under Chapter XXVI of the BHC Rules are complied with. 3.

Advocate to file an affidavit of Service of General Citation and also effect service upon nonconsenting legal heirs, if any as per Rules 399 and 400 of BHC Rules and also justify the surety of nonconsenting legal heirs, if any, and furnish Administration Bond for the gross amount as per Rule 420 of the BHC Rules, within one week after that.

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 Bombay High Court O. S. Rules.

5. S. O. to 25.02.2025 08.01.2025 Officer on Special Duty, with Testamentary Department