Edrees Mohamedali Mithaiwala v. Ibrahim Yusufali Dulehi Alias Ebrahim Esufali Suteha (Decased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 13th March, 2025 FOR DIRECTION :

8. TP/1073/2025 (AMH20240131290C202 400001) P. C. :

None 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 (such as proper prayer, information of the legal heirs, etc.) are complied with. The petitioner states the sect followed by the deceased. Furthermore, the petitioner explains the chain of inheritance as per Rule 389 of the BHC Rules, 1980, particularly regarding the deceased's parents and grandparents. 2.

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.

3. 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.

4. S. O. to 30.04.2025 13.03.2025 Officer on Special Duty, with Testamentary Department