Rashi Surajkumar Nangalia v. Suresh Premnath Shroff @ Suresh P. Shroff @ Suresh Shroff (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1218 OF 2022 IN TESTAMENTARY PETITION NO. 1684 OF 2018 Rashi Surajkumar Nangalia ...

Applicant/Petitioner And Suresh Premnath Shroff alias Suresh P. Shroff alias Suresh Shroff ... Deceased Ms. Sayli Shinde i/b Kartikeya & Associates for the Applicant/Petitioner. CORAM : R.I. CHAGLA, J.

DATED : 21st OCTOBER, 2022.

ORDER :

Heard the learned Advocate appearing for the Applicant/Petitioner.

By this Interim Application the Applicant is seeking permission to amend Schedule-I to the Petition and consequential amendment in the grant of Letters of Administration dated 29.01.2019. The Applicant has stated that the Petition had been filed for grant of Letters of Administration to the property and credits of the deceased Suresh Premnath Shroff alias Suresh P. Shroff alias Suresh Shroff. The deceased was survived by three legal heirs. The Letters of 1/3

Administration was granted on 29.01.2019. The Applicant has stated that after grant of Letters of Administration, it was brought to the notice of the Applicant by the concerned Authorities administering the estate of the deceased, that the area of the premises was incorrectly mentioned in the grant of Letters of Administration as well as the certificate numbers were incorrectly shown. Further, the description of the subject flat had been incorrectly mentioned. These errors required to be rectified. Accordingly, present Interim Application has been taken out. The other legal heirs have given their consent for grant of relief in the Interim Application in favour of the Petitioner.

Having considered the averments in the Interim Application as well as noting that the amendments which have been sought as mentioned in the schedule of amendment are merely with regard to the description of the subject flat as well as the area of the subject flat and the certificate numbers, the relief sought for in the Interim Application requires to be granted. Further, the other legal heirs of the deceased have filed their consent affidavits. Hence, the following order is passed : i) The Applicant is permitted to amend Schedule-I to the Petition in accordance with the schedule at Exhibit-A to the Interim Application.

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ii) Amendment shall be carried out within a period of three weeks from the date of this order.

iii) Re-verification is dispensed with.

iv) The Office is directed to carry out amendment in the grant of Letters of Administration accordingly. v) Interim Application is disposed of in the above terms. (R.I. CHAGLA, J.) by WAISHALI SUSHIL WAGHMARE Date:

2022.11.09 18:08:48 +0530 WAISHALI SUSHIL WAGHMARE 3/3