Yogen Sudhakar Kapadia v. Shilpa Sudhakar Kapadia (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 11th March, 2025 FOR ISSUANCE OF CITATION :

12. TP/1007/2025 (AMH20240129696 C202500008) P. C. : Ms. Aishwariya Deshmukh i/b Divekar & Co. Ld. Advocate for the Petitioner 1.

Perused Petition. Ld. Advocate for the petitioner moved a praecipe dated 11.03.2025 and thereby seeks permission to amend the petition by making an averment about the marital status of the deceased. Submission is accepted. Praecipe is allowed. Petitioner to carryout an amendment within three weeks from the date of uploading of this order, if petition is pending. Issue Citation within two weeks from the date of 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 (such as proper prayer, information of the legal heirs, etc) are complied with. Petitioner to take steps to state marital status of the deceased.

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 28.04.2025 11.03.2025 Officer on Special Duty, with Testamentary Department