Tania Davina Gomes v. Mario Nuno Alvares Gomes

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 19th June, 2025 CALLED FOR DIRECTION:

64.TP/2391/2025 Mr. Nixon George i/b. Sachin Kannaujiya, Ld. Advocate for the Petitioner.

P. C. :

1. Heard Ld. advocate for the petitioner. He submitted that the property is jointly held by the deceased No. 1 and 2. He showed the copy of the agreement in respect of the said property. Submission is accepted. Ld. advocate for the petitioner to amend this fact by mentioning in the schedule-I of the petition. Reverification dispensed with. Amendment to be carried out within 02 weeks from the date of uploading this order.

2. Perused Petition. Issue Citation within two weeks from the date of uploading of this order. 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. [

3. 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 nonconsenting 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.

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 BHC Rules.

5. S.O. to 30.07.2025.

Officer on Special Duty, with Testamentary Department 19.06.2025