Jyotsana Navinchandra Shah v. Navinchandra Premcharr Dre Shah Alias Shah Navinchandra Premchandra (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 21st March, 2025 FOR ISSUANCE OF CITATION :

13. TP/1295/2025 (AMH2023001943 0C202500008) P. C. :

Shri. Yash Singh i/b Bina Shivhare Ld. Advocate 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.

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. Ld. Advocate for the petitioner submitted that petitioner is suffering from the Gagrin disease and therefore, petition may be expedited. He has shown the copy of the certificate, Ld. Advocate for the petitioner to show proper amendment with document.

5. S. O. to 28.04.2025 21.03.2025 Officer on Special Duty, with Testamentary Department