Hansa Hemant Gandhi v. Hasmukh Popatlal Mandavia (Deceased)

by JITENDRA SHANKAR NIJASURE Date:

2021.10.20 17:40:18 +0530 JITENDRA SHANKAR NIJASURE jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2115 OF 2021 IN TESTAMENTARY PETITION NO.557 OF 2021 Hasmukh Popatlal Mandavia ...Deceased Hansa Hemant Gandhi

...Petitioner/

Applicant ---------- Mr. Prabhu Velar for the Petitioner / Applicant. ---------- CORAM :

R.I. CHAGLA J DATE :

12 October 2021 ORDER :

1.

Heard the learned Advocate for the Applicant. 2.

By this Application, the Applicant is seeking amendment to the Petition for adding the assets shown as per the schedule annexed as Exhibit C to the Interim Application and for consequential amendments. The amendment is also required to be incorporated in the original grant issued in Testamentary Petition No.557 of 2021.

1/3

3.

The learned Advocate for the Applicant has referred to paragraph 7 of the Interim Application wherein it is stated that the Applicant had been given access to the fat standing in the name of the deceased by the society after the grant of the letters of administration. It is only thereafter that the Applicant got access to other documents showing assets standing in the name of the deceased and which were not forming part of the schedule to the Petition at that point of time. Hence the application for amendment.

4.

Having considered the averments in the Interim Application and in particular averment in paragraph 7 thereof, the Interim Application is required to be allowed. Hence the following order:- (i) The Applicant / Original Petitioner shall amend the Testamentary Petition by adding of assets as shown in the schedule annexed as Exhibit C to the Interim Application and for consequential amendments thereof.

(ii) The Applicant shall also amend the original grant issued 2/3

in Testamentary Petition No.557 of 2021.

(iii) The amendments shall be carried out by the Petitioner within four weeks from the date of this order. Reverification is dispensed with. (iv) Interim Application is disposed of in the above terms. [R.I. CHAGLA J.] 3/3