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Bombay High CourtIA/3464/2022disposed off

The Maharashtra Executor And Trustee Company Pvt Ltd v. Indumati Dattatray Deodhar (Deceased)

2023-01-16Hon'Ble Justice Shri Arif S. Doctor2 pages

16-ia-3464-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3464 OF 2022 IN PETITION NO. 1234 OF 2020 Indumati Dattatray Deodhar ...Deceased Prasad Vasant Date ...Applicant The Maharashtra Executor and Trustee co. pvt. Ltd

...Petitioner

--- Mr. Cristina Corlos for the Applicant.

--- CORAM : ARIF S. DOCTOR, J.

th JANUARY, 2023 DATE : 16 P.C. :

1.

Probate in respect of the last Will and Testament of late Indumati st April, Dattatray Deodhar was granted by this Court to the Petitioner on 21 2021. It is pointed out that inadvertently, however, the following two properties were not included in the Schedule-I of the properties annexed to the said Testamentary Petition:- (I) Fixed Deposit Receipt No. 60104596097 for Rs. 50,000/- with Bank of A.B.Kakde 1/2

16-ia-3464-2022.doc Mahrashtra, Vile Parle East Branch, Mumbai (ii) Fixed Deposit Receipt No. TD 0001226584 for Rs. 50,000/- with the Saraswat Co-operative Bank Ltd., Vile Parle East Branch, Mumbai 2.

It is thus, that the amendment is sought for post grant. I have heard learned Counsel appearing on behalf of the Applicant, perused the proceedings. I find that the same is in order and the present Application is deserves to allowed in terms of prayer clause (a) which reads as under:- (a) the Petitioner may be allowed to amend and add the said (I) Fixed Deposit eceipt No. 60104596097 for Rs. 50,000/- with Bank of Mahrashtra, Vile Parle East Branch, Mumbai (ii) Fixed Deposit Receipt No. TD 0001226584 for Rs. 50,000/- with the Saraswat Co-operative Bank Ltd., Vile Parle East Branch, Mumbai in the Schedule- I of the Petition.

3.

The present Interim Application is disposed of. (ARIF S. DOCTOR, J) A.B.Kakde 2/2