Rashida Shavak Todiwalla v. Cali Phirozshaw Toddywalla Alias Cali Phirozeshaw Toddywalla Alias Cawasji Phirojshaw Toddywalla

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02nd December, 2025 FOR HEARING :

96. TP/4747/2025 (AMH20240128529C202 500117) with WILL/1823/2025 P. C. :

Ms. Bhakti Patil i/b Prabhu Velar Ld. Advocate for the Petitioner 1.

Ld. Advocate for the Petitioner submitted that citation is affixed on 24.11.2025. Hence, 14 days of service of citation are yet to be completed. 2.

Petitioner to file affidavit of service as per Rule 397, petitioner to execute the Administration Bond for the gross amount in view of Rule 420 of the Bombay High Court (OS) Rules, 1980. Petitioner to serve the copy of the Will upon the Deputy / Assistant Charity Commissioner under whose jurisdiction trust is registered or supposed to be registered, as per Section 53 of the Maharashtra Public Trust Act, 1999.

3.

Two legatees (namely, Jamshed and Silloo) are predeceased to the deceased and therefore, legacy bequeathed to them are laps vide Section 105 of the Indian Succession Act, 1925 (for short "IS Act"). Hence, the petitioner to explain that how the property bequeathed to predeceased person can be the subject matter of the present petition. Petitioner to ensure this fact with reference to Sec. 105 to 109 of IS Act. 4.

S. O. to 18.12.2025 02.12.2025 Officer on Special Duty, with Testamentary Department