Nichendra Tukaram Mastekar v. Anusaya Skharam Mastekar Decased

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 26th February, 2026 FOR DIRECTION :

) ) ) Ms. Shreya Gosavi i/b Advait Dalvi Ld.

17. TP/1060/2026 (AMH20230042019C202600001) Advocate for the Petitioner P. C.

1.

The Petition is filed by the Petitioner as Beneficiary named under the last Will and Testament of the Deceased. Issue citation to the non-consenting legal heirs, if any. Petitioner to comply requisition of Issuance of Notice to the Collector as per the Rule 396 of the Rules by submitting the true copy of the schedule-I in the department/ by uploading the true copy of the schedule-I in the portal, as the case may be. Petitioner to give list of the legatees named in the Will, if any, and take steps about the legatees, if any. The petitioner to provide the family tree for explaining the chain of inheritance with date of deaths of persons, vide Rule 389 of the BHC Rules. Furthermore more, in life time of Sunanda Bane, a deceased's husband's sister (Class-II, Entry-II heir), how other persons can be shown as a legal heir, as per Sec. 9 of the HS Act, read with Sec. 15(1)(b) of HS Act. Hence, the petitioner to mention only legal heirs name in the table, as per the Laws.

2.

Office is directed to issue General Citation/Specific Citation/Notice to nonconsenting legal heir(s) as well as Legatee(s), if any, within three weeks, from the date of uploading this order. Advocate for Petitioner to effect service of Citation as per Rule 397 of the rules and to file Affidavit of service within two weeks after issuance of Citation.

3.

Administration Bond for the gross amount to be furnished vide form no. 118 r/w Rule 420 of the Bombay High Court (O.S.) Rules, 1980, within three weeks along with the name of Surety and address and proofs thereof. 4.

Petitioner to comply requisitions as per the Chapter XXVI of the Bombay High Court (O. S.) Rules, 1980 (for short 'Rules'), such as inventory of the locker and/or explain delay and/or translation of documents, if any, etc. 5.

Office to verify that no Caveat or Cross Petition is pending. 6.

S. O. to 22.04.2026 26.02.2026 Officer on Special Duty, with Testamentary Department