← Library
Bombay High CourtTP/2143/2025grant issued

Nipa Bhavesh Desai v. Bhartiben Virendra Mehta Alais Bhartiben Virendrakumar Mehta

2025-05-08Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

P.C.: Shri. Anuj More Ld. Advocate for the Petitioner

101. TP/2143/2025 (AMH20240130372C 202500001)

1. Ld. Advocate for the Petitioner moved a praecipe and thereby submits that property is jointly held by deceased no. 1 ad 2 therefore, schedule-I of the petition is required to be amended.

2. Ld. Advocate for the Petitioner annexed the document supporting the praecipe which is marked as "A". Submission is accepted.

3. Petitioner to carry out an amendment within three weeks from the date of uploading of this order, if petition is pending. In view of the document annexed to the praecipe, re-verification is dispensed with. After carrying out the amendment, citation is issued.

4.

Perused Petition. 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. The 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.

5.

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.

6. 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.

7. S. O. to 21.07.2025 08.05.2025 Officer on Special Duty, with Testamentary Department