Anmol Vijay Hingorani v. Vijay Uttam Hingorani (Deceased)

Digitally signed by MUGDHA M PARANJAPE Date:

2022.12.06 19:35:03 +0530 MUGDHA M PARANJAPE 1 28-IA 3466-22 in TP 1339-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3466 OF 2022 IN TESTAMENTARY PETITION NO.1339 OF 2019 Vijay Uttam Hingorani ... Deceased Anmol Vijay Hingorani ... Applicant/Org. Petitioner In the matter between Anmol Vijay Hingorani ... Petitioner ----- Ms. Meena Shah i/by Pandya & Company for the Applicant/Org. Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

06TH DECEMBER 2022 P.C. :

1.

The present Interim Application seeks an amendment to the Schedule I annexed to the Testamentary Petition No.1339 of 2019, which was for the Letter of Administration to the property and credits of one Vijay Uttam Hingorani ('the deceased'), who passed away on 28/12/2018. The Letters of Administration to the properties and credits of the deceased came to be granted by this Court on 22/02/2020.

2 28-IA 3466-22 in TP 1339-19.doc 2.

It is stated in the Application that post the grant of Letters of Administration when the Applicant approached Monica Co-operative Housing Society Limited for transfer of share certificate in the name of the legal heirs of the deceased, the Applicant realised that in Item No.1 of the Schedule, the abovesaid two errors had inadvertently occurred, viz., the share of the deceased was wrongly mentioned as 33% instead of 50% and the Flat number had been inadvertently mentioned as Flat No.702, which is actually Flat No.701. A copy of the share certificate issued by Monica Co-operative Housing Society Limited in the name of the deceased and one Kavita Hingorani is annexed, which sets out that the same is in respect of Flat No.701. 3.

I have heard learned Counsel appearing on behalf of the Applicant and perused the Interim Application. The consent affidavits of the other two legal heirs of the deceased are also on record. I am satisfied that the amendment sought for ought to be allowed.

4.

The Interim Application is allowed in terms of prayer clause (a), which reads as under :- "a) That the Hon'ble Court be pleased to amend the Schedule I annexed to the Petition as per the Schedule annexed herein;"

3 28-IA 3466-22 in TP 1339-19.doc 5.

The Interim Application is accordingly disposed of. There shall be no order as to costs.

(ARIF S. DOCTOR, J.)