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Bombay High CourtIA/511/2024disposed off

Vishwabharlal C. Saraf And ANR v. Chiranjilal Kishandutt Saraf @ C. K. Saraf @ Chiranjilal K Saraf (Deceased)

2024-04-02Hon'Ble Shri Justice Manish Pitale2 pages

4_IA511_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.511 OF 2024 IN TESTAMENTARY PETITION NO.83 OF 2001 Vishwambharlal C. Saraf and another ...

Applicants In the matter of:

Vishwambharlal C. Saraf and another ...

Petitioners Chiranjilal Kishandutt Saraf @ C. K. Saraf @ Chiranjilal K. Saraf ...

Deceased Mr. X. Bharucha for Applicants / Petitioners. CORAM : MANISH PITALE, J.

DATE : APRIL 02, 2024 P.C. :

.

Heard learned counsel for the applicants / petitioners. 2.

By this application, the applicants seek post grant amendment of probate issued on 30.03.2002. It is submitted that after the grant was issued, the applicants became aware about a further property lying in the name of the deceased. In respect thereof, appropriate proceedings had to be initiated before the District Collector and it was found that unless the probate was appropriately amended to include the said property in Schedule, the applicants would not be able to pursue the matter in respect of the said property.

3.

Documents including property cards pertaining to the said property have been placed on record, which indeed show the deceased as a holder of the lease in respect of such property. In that light, amendment is sought in terms of the Schedule at Exhibit-G. by MINAL SANDIP PARAB Date:

2024.04.03 19:42:18 +0530 MINAL SANDIP PARAB 1/2

4_IA511_24.doc 4.

For the reasons stated in the application, the same is allowed in terms of prayer clauses (a) and (b). The amendment be carried out within two weeks from today. Re-verification is dispensed with. 5.

The department to take consequential steps in the matter. (MANISH PITALE, J.) Minal Parab 2/2