Rajnikant Robert Salvi v. Vijaya Rajanikant Salvi (Deceased)

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 347 OF 2022 IN TESTAMENTARY PETITION NO. 725 OF 2017 Rajnikant Robert Salvi ...Applicant/ Petitioner And Vijaya Rajnikant Salvi ...Deceased ---------- Mr. S.U. Lakdawala for the Applicant/Petitioner. ---------- CORAM : R.I. CHAGLA J DATE :

25 February 2022 ORDER :

1.

Heard learned Counsel for the Applicant.

2.

By this Interim Application, the Applicant is seeking permission to incorporate certain securities to the SHARAYU PANDURANG KHOT original Succession Certifcate.

Digitally signed by SHARAYU PANDURANG KHOT Date:

2022.03.01 17:25:02 +0530 3.

The Applicant is the husband of the deceased. The 1/4

Applicant had taken out Petition for Succession Certifcate in respect of certain securities belongings to the deceased Vijaya Rajnikant Salvi. The Succession Certifcate was granted on 29th July 2017.

4.

The Applicant states that after issuance of grant of Succession Certifcate, it came to his knowledge that in Sr.No. 1, certain shares/securities were missing to be incorporated i.e. 1160 shares along with distinctive numbers and face value which needs to be incorporated.

5.

The other surviving heir being married daughter of the deceased has fled Consent Affdavit dated 13th January 2022. By the Consent Affdavit, she has given her full and free consent in favour of the Petitioner and stated that Succession Certifcate in respect of the certain securities belonging to the deceased be granted in favour of the Petitioner without service of any citation/notice upon her and without any sureties being justifed in the estate for her share left by the deceased. 6.

Having considered the submissions of the learned 2/4

Counsel for the Petitioner and averments in the Interim Application, a case is made out for grant of permission to incorporate certain securities in Sr.No. 1 of securities to be added to the original Succession Certifcate. Hence the following order :- (i) The Applicant is permitted to incorporate in the original Succession Certifcate certain shares/securities i.e. 1160 shares along with distinctive numbers and face value as per the draft amendment at Exh.B of the Interim Application along with consequential amendment. (ii) Amendment shall be carried out within a period of two weeks from the date of this order.

(iii) Re-verifcation is dispensed with.

(iv) The testamentary department is directed to accept the original grant of Letters of Administration for amendment.

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(v) Interim Application is accordingly disposed of in the above terms.

[R.I. CHAGLA J.] 4/4