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Bombay High CourtIA/965/2024disposed off

Nicholas Richard Oliveira v. Theresa Richard Oliveira Alias Theresa Adolf Richard Oliveira

2024-04-19Hon'Ble Shri Justice Manish Pitale2 pages

13_IA965_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.965 OF 2024 IN TESTAMENTARY PETITION NO.2681 OF 2022 Nicholas Richard Oliveira ...

Applicant Theresa Richard Oliveira @ Theresa Adolf Richard Oliveira ...

Defendant Mr. Sameer Logade for Applicant.

CORAM : MANISH PITALE, J.

DATE : APRIL 19, 2024 P.C. :

.

Heard learned counsel for the applicant (original petitioner). 2.

By this application, the applicant seeks post grant amendment of letters of administration issued on 11.05.2023. It is submitted that after the grant was issued, it came to light that there was another property lying in the name of the deceased, which needs to be included in the grant. Accordingly, the applicant seeks amendment of the schedule to the original petition in terms of Exhibit 'C' and consequent amendment in the grant. The applicant has also placed on record fresh consent affidavit of the consenting legal heirs. This is an uncontested proceeding. 3.

In the light of the above, the application is allowed in terms of prayer clauses (a) and (b), which read as follows:- "(a) That the applicant may kindly be allowed to amend Schedule-I annexed to the petition as per Schedule of Amendment annexed to this Interim Application at Exhibit-C with consequential amendment, if any in the petition. (b) That after amendment of Schedule-I annexed to the petition, as sought in prayer (a) is carried out, Testamentary Department may be directed to amend Letters of Administration issued on 11th May 2023 in above petition, as per amended petition."

MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2024.04.22 10:45:00 +0530 1/2

13_IA965_24.doc 4.

Amendment be carried out within two weeks from today. 5.

Re-verification is dispensed with.

6.

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