Dilshad Khan v. Zainab Fakhruddin Badshah

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 11th July, 2025 FOR DIRECTION :

21. TP/2996/2025 (AMH20240007844C2 02500002) P. C. :

Ms. Mandakini Sinh 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 nonconsenting 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, furthermore the petitioner to take steps to explain delay, to carry out an inventory of the locker, if any, etc. are complied with) are complied with. Petitioner to state about the marital status of the deceased No.1's Sons, as well as the petitioner to produce the Document about the divorce of the deceased No.2. Petitioner to ensure that the capacity mentioned in the Title is correct. The petitioner should state the grandparents of the deceased.

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 crosspetition is filed, then take steps to place before the Hon'ble Court under Rule 407 of the BHC Rules.

4. S. O. to 25.08.2025 11.07.2025 Officer on Special Duty, with Testamentary Department