Manoj Hanskumar Shroff (Applicant) v. Mala Purshotam Shroff (Petitioner-Since Deceased) And Pursh U. Shroff And Prem U. Shorff (Deceased)

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1851 OF 2021 IN TESTAMENTARY PETITION NO. 3192 OF 2019 Manoj Hanskumar Shroff ...Applicant In the matter between Mala Purshotam Shroff ...Original Petitioner And Manoj Hanskumar Shroff ...Applicant/ Proposed Petitioner ---------- Mr. Sameer R. Logade for the Applicant.

---------- CORAM :

R.I. CHAGLA J DATE :

13 October 2021 ORDER :

1.

Heard learned Counsel for the Applicant.

2.

By this Interim Application, the Applicant is SHARAYU PANDURANG KHOT seeking substitution of the name of the Applicant as Petitioner by carrying out amendment and consequential amendments to Digitally signed by SHARAYU PANDURANG KHOT Date:

2021.10.25 14:54:33 +0530 the Petition as per Schedule at Exh.G to the present Interim Application. Condonation of delay of 282 days is sought in taking out the present Interim Application.

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3.

The Applicant has stated that the deceased Purshotam Udharam Shroff and Prem Udharam Shroff had no other legal heirs. Their parents predeceased them. The said Purshotam Udharam Shroff and Prem Udharam Shroff had one brother namely, Hanskumar Udharam Shroff who expired on 16th December 2014. The Applicant is the only son of Hanskumar Shroff. His wife Meena Hanskumar Shroff expired on 12th May 2002. The original Petitioner was the daughter of deceased No. 1 Purshotam Udharam Shroff and niece of deceased Prem Udharam Shroff. The original Petitioner expired on 6th October 2020. Copy of the death certifcate is annexed at Exh.E to the Interim Application.

4.

The Applicant has stated in paragraph 11 that he is a legal heir as per Schedule - II of Hindu Succession Act, 1956 of the deceased Purshotam Udharam Shroff and Prem Udharam Shroff and being a legal heir is entitled to pursue with the Petition and for grant of succession certifcate. 5.

Accordingly, the Applicant has taken out Interim Application for carrying out amendment in the Petition for substituting the name of the Applicant as Petitioner and for 2/4

consequential amendments as per Schedule annexed at Exh.G to the Interim Application. The Applicant has further stated in paragraph 13 of the Interim Application that after taking due diligent search from the documents and records of both the deceased, the Applicant has found some more securities in the name of both the deceased which are not mentioned in the Schedule - I of the Petition. Therefore, it is necessary to incorporate the said newly founded securities as per the Schedule annexed at Exh.G to the Interim Application. 6.

The Applicant has explained the delay in fling the Interim Application in paragraph 16 of the Interim Application. The Applicant states that he came to know of expiry of the original Petitioner in the month of June 2021. Due to the Covid19 lockdown, the Petitioner could not visit the Advocate's offce. Therefore, there is delay of 282 days in fling the Interim Application.

7.

I am satisfed with the averments in the Interim Application and accordingly, grant relief sought for in the Interim Application as under:- 3/4

(i) Delay of 282 days in taking out the present Interim Application is condoned.

(ii) The Applicant is permitted to carry out the amendment to the Petition and further consequential amendments as per Schedule annexed at Exh.G to the Interim Application.

(iii) Amendment shall be carried out within a period of two weeks from the date of this order.

(iv) Upon so amending the Petition, the Applicant shall stand substituted as Petitioner to proceed with the present Petition.

(v) Interim Application is accordingly, disposed of in the above terms.

[R.I. CHAGLA J.] 4/4