← Library
Bombay High CourtIA/1364/2023absolute

Jayasree Ramchandran Nair And Another v. Kandoth Poyil Ramchandran Nair (Deceased)

2023-06-26Hon'Ble Shri Justice Milind N. Jadhav2 pages

11.ia.1364.23.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1364 OF 2023 IN TESTAMENTARY PETITION NO. 9 OF 2014 Kandoth Poyil Ramachadnran Nair ..Deceased Mrs. Jayasree Ramchandran Nair and Anr.

..Applicants

IN THE MATTER BETWEEN:-

Mrs. Jayasree Ramchandran Nair and Anr.

..Petitioners ....................

 Mr. Paras S. Gosar i/by Mr. Jayesh R. Vyas, Advocate for Applicants / Petitioners.

...................

CORAM :MILIND N. JADHAV, J.

DATE :JUNE 26, 2023.

P.C.:

1.

Heard Mr. Gosar, learned Advocate for the Applicants / Petitioners.

2.

This Interim Application has been filed for post grant amendment in respect of properties which are discovered subsequent to the issuance of grant, the details of which are mentioned in Exhibit "C" Schedule at page No.20 of the Interim Application. In addition, Applicant has filed a detailed additional Affidavit dated 19.06.2023, inter alia, giving details of the properties alongwith the copy of the sale deed which reflects the name of the deceased as the purchaser therein.

11.ia.1364.23.doc 3.

An arguable case has been made out by Advocate Mr. Gosar for seeking post grant amendment.

4.

Interim Application stands allowed in terms of prayer clause '

a' which reads thus:- "a.

That this Hon'ble Court be pleased to permit / allow the Applicants to carry out Amendment in terms of the Schedule being Exhibit - C hereto, in the Schedule - I to the above Petition and grant thereof."

5.

Prothonotary and Senior Master of this Court is directed to accept the original probate alongwith the Schedule of Assets appended thereto for carrying out the above addition / rectification in the Schedule of Assets annexed to the probate.

6.

The rectification shall be carried out within a period of eight weeks from today. Re-verification stands dispensed with. 7.

Interim Application is allowed in the above terms. [ MILIND N. JADHAV, J. ] Ajay