Janak Jitendra Shah v. Manjula Jitendra Shah

8&9_IA_1971_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1971 OF 2023 IN TESTAMENTARY PETITION NO. 492 OF 2021 Janak Jitendra Shah ...

Applicant In the matter between:

Manjula Jitendra Shah ...

Petitioner Asit Atul Shah ...

Deceased ALONGWITH INTERIM APPLICATION NO. 1974 OF 2023 IN TESTAMENTARY PETITION NO. 598 OF 2021 Janak Jitendra Shah ...

Applicant In the matter between:

Manjula Jitendra Shah ...

Petitioner Vandita Asit Shah ...

Deceased G. S. Bhat for applicant.

CORAM : MANISH PITALE, J.

DATE :

22nd FEBRUARY, 2024 P.C. :

.

In these two petitions seeking letters of administration in respect of property and credits belonging to the two deceased persons, the Testamentary Registrar had passed orders for issuing the grant in favour of the petitioner on 30.03.2022.

Digitally signed by PRIYA KAMBLI Date:

2024.02.22 18:40:44 +0530 1/2 PRIYA KAMBLI

8&9_IA_1971_23.doc 2.

The petitioner is the grandmother and grandmother-in-law of the two deceased persons. It is brought to the notice of this Court that after the order dated 30.03.2022 was passed by the Testamentary Registrar for issuing letters of administration, the original petitioner died on 11.05.2022. 3.

In that context, the applicant has moved these two applications in the petitions. The applicant is the son of the original petitioner and the uncle of one of the deceased and the relative of the other deceased on the husband's side.

4.

This Court has perused the material on record, which includes consent affidavits given by the siblings of the applicant. 5.

In view of the material placed on record, in the interest of justice, the applications deserve to be allowed, so that appropriate amendments can be carried out in the original petitions as per schedules annexed to the applications.

6.

Accordingly, the applications are allowed in terms of prayer clause (a) in both the applications. The amendments be carried out within three weeks from today.

(MANISH PITALE, J.) Priya Kambli 2/2