Judgment · High Court · 2025
Case at a glance
Provisions considered
- Indian Succession Act, 1925 ss. 28, 33
Judgment
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 25th June, 2025 CALLED FOR DIRECTION: None present. P. C. :
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, explanation about the delay, etc., if applicable) are complied with. The petitioner to state about other legal heirs as per Sec. 33 read with Sec. 28 of the Indian Succession Act 1925. Advocate to take steps in respect of service of 2. 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.
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.
S.O. to 07.08.2025
25.06.2025 Officer on Special Duty, with Testamentary Department
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Succession Act, 1925 — ss. 28, 33.
Which court decided this case, and when?
Bombay High Court, on 25 Jun 2025.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.