Kokila Hasmukh Shah v. Hasmukh Rasiklal Shah (Deceased)

by JITENDRA SHANKAR NIJASURE Date:

2022.03.14 18:57:51 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2082 OF 2021 IN TESTAMENTARY PETITION NO.3133 OF 2019 Kokila Hasmukh Shah ...Applicant / Petitioner

Versus

Hasmukh Rasiklal Shah ...Deceased ---------- Mr. Yogendra Pratap Singh for the Applicant / Petitioner. ---------- CORAM :

R.I. CHAGLA J.

DATE :

11TH MARCH, 2022 ORDER :

1.

Heard learned Advocate for the Applicant / Petitioner.

2.

By this Interim Application, the Applicant is seeking permission to carry out the amendment in the Schedule of the Petition as per the draft schedule annexed to the Interim Application.

1/3

3.

The Applicant had fled Testamentary Petition with Probate of the last Will and Testament of the deceased Hasmukh Rasiklal Shah vide Testamentary Petition. This Court had issued grant of Probate on 12th May, 2021. After receipt of grant of Probate, the Applicant has stated that due to inadvertence and oversight, the description of certain properties in the schedule of property in the Testamentary Petition was incorrectly refected in Item No.13, 22 and 23 of the schedule - I and Item No.6 of the Schedule III. These items in Schedule - I are required to be corrected. Accordingly the present Interim Application has been fled.

4.

I have considered the submissions of the learned Advocate for the Applicant / Petitioner as well as perused the averments in the Interim Application. I have also noted that other heirs of the deceased have fled their Consent Affdavits giving their full and free consent to the amendment without justifying the surety for legacy and / or service of citation of the proceedings upon them. These Consent Affdavits are dated 3rd March, 2022. In view thereof, relief sought for in the Interim Application is required to be granted. Hence the following order:- 2/3

(i) The Applicant / Petitioner is permitted to carry out amendment in the schedule as per the draft schedule annexed to the Interim Application within a period of two weeks from today i.e., on or before 25th March, 2022. Reverifcation is dispensed with. (ii) Interim Application is disposed of in the above terms. [R.I. CHAGLA J.] 3/3