Prashant Jayantilal Patel And ANR. v. Bharat Jayantilal Patel (Deceased)

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1873 OF 2023 IN PETITION NO. 3554 OF 2021 Pankaj Jayantilal Patel and Anr.

..Applicants

IN THE MATTER OF:

Bharat Jayantilal Patel ..Deceased Pankaj Jayantilal Patel and Anr.

..Petitioners ....................

 Mr. Rihal S. Kazi i/by M & M Legal Ventures for Applicants / Petitioners.

...................

CORAM :MILIND N. JADHAV, J.

DATE :AUGUST 02, 2023.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Mr. Kazi, learned Advocate for the Applicants / Petitioners.

3.

Perused the praecipe dated 02.08.2023 and Interim Application.

4.

This Interim Application has been filed by the Applicants / Petitioners for seeking post grant amendment in respect of Probate dated 31.10.2022 issued by this Court. The Probate is at Exhibit "B" - page No.15 of the Interim Application. The Schedule of Amendment is at Exhibit "A" - page No.12 of the Interim Application.

5.

For the reasons mentioned in the Interim Application, Interim Application stands allowed in terms of prayer clauses ' a', 'b'

and 'c' which read thus:- "a. that this Hon'ble Court be pleased to allow the Applicants/Original Petitioners to rectify the above Testamentary Petition in terms of the Schedule A mentioned hereinunder; b. that, on the Applicants/Original Petitioners having rectified the above Testamentary Petition as prayed hereinunder and in view thereof, this Hon'ble Court be pleased to direct the Testamentary Department to grant a revised Probate in respect of the Last Will and Testament dated 20th September, 2019 of the said deceased abovenamed, Bharat Jayantilal Patel, (being annexed and marked as Exhibit "B" to the above Testamentary Petition); c.

in the alternative to prayer (b) hereinabove, that, on the Applicants / Original Petitioners having rectified the above Testamentary Petition as prayed hereinabove and in view thereof, this Hon'ble Court be pleased to direct the Testamentary Department to carry out necessary changes in the said Probate dated 31st October, 2022 already granted to the Applicants abovenamed in respect of the Last Will and Testament dated 20th September, 2019 of the said deceased abovenamed, Bharat Jayantilal Patel."

6.

Amendment to be carried out within a period of three weeks from today. Re-verification stands dispensed with. 7.

Prothonotary and Senior Master of this Court is directed to accept the original grant for carrying out rectification as directed by this Court. Re-verification, if any, stands dispensed with. 8.

The rectification shall be carried out within a period of eight weeks from today.

9.

Needless to state that the above order will be subject to all other compliances in accordance with law.

10.

With the above directions, Interim Application is disposed. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2023.08.02 19:38:21 +0530 AJAY TRAMBAK UGALMUGALE