Vasantiben A. Tamboli @ Vasantiben Mansukhlal Shah v. Jaswantiben Mansukhlal Shah (Deceased)

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.07.14 15:43:26 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1074 OF 2022 IN TESTAMENTARY PETITION NO.533 OF 2019 Vasantiben A. Tamboli @ Vasantiben Mansukhlal Shah ...Applicant/Petitioner V/S Jaswantiben Mansukhlal Shah alias Jasvanti Mansukhlal Shah ...Deceased ------- Mr. S. U. Lakdawala for Applicant/Petitioner. -------

CORAM

:

R. I. CHAGLA, J.

DATED :

8th JULY, 2022.

P.C.

1.

Heard learned counsel for the Applicant/Petitioner. 2.

By this Interim Application, the Applicant/Petitioner is seeking permission to carry out after grant of amendment in terms of additional schedule to the Petition which is annexed at Exhibit-B to the Interim Application and for acceptance of original Grant of Succession Certifcate for extension.

3.

The Applicant/Petitioner states that the Petition had been fled by the Applicant/Petitioner for Grant of Succession

Certifcate in respect of the securities of the deceased Jaswantiben Mansukhlal Shah @ Jaswanti Mansukhlal Shah.

4.

The Applicant/Petitioner is the married daughter of the deceased. The Applicant/Petitioner had fled Petition for Grant of Succession Certifcate and pursuant to which Succession Certifcate was granted by this Court on 15th February 2021. The Applicant/Petitioner has stated that after issuance of Succession Certifcate, the Petitioner realizeed that due to inadvertence few Shares of the Companies set out in the Additional Schedule were in the joint names of Applicant's late father and late mother and the same were not included in the Schedule-I of the Petition. Accordingly, the present Interim Application is taken out for incorporating the securities of the companies in the Petition as well as in the Succession Certifcate to enable the Applicant/Petitioner being the only heir of the deceased to approach the concerned companies for transmission of the shares of the deceased. 5.

Having considered the averments in the Interim Application as well as the submission of the learned counsel for the Applicant/Petitioner, the relief sought for in the Interim Application requires to be granted. Hence, the following order is passed:-

(i).

The Applicant/Petitioner is permitted to amend the Petition and Grant of Succession Certifcate in terms of Exhibit-B to the Interim Application.

(ii). The amendment shall be carried out within a period of two weeks from the date of this order.

(iii). The Prothonotary and Senior Master of this Court is directed to accept the original Grant of Succession Certifcate for extension. Re-verifcation is dispensed with.

(iv). The Interim Application is disposed of in the above terms.

(R. I. CHAGLA, J.)