Hardik Paresh Oza v. Chandravati Surendra Oza @ Chandravati S. Oza (Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3384 OF 2021 IN TESTAMENTARY PETITION NO. 689 OF 2018 Hardik Paresh Oza ...

Applicant/Petitioner And Chandravati Surendra Oza alias Chandravati S. Oza ...

Deceased Mr. S.U. Lakdawala for the Applicant/Petitioner. CORAM : R.I. CHAGLA, J.

DATED : 4th FEBRUARY, 2022.

(V.C.) ORDER :

Heard the learned Counsel for the Applicant/Petitioner. By this Interim Application, the Applicant is seeking permission to incorporate the additions such as distinctive numbers and face value in the schedule-I to the Petition as per the schedule annexed at Exhibit-B to the Interim Application. Further, direction is sought against the office of the Prothonotary and Senior Master to accept the original grant of succession certificate after amendment.

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It is stated that the Petitioner had filed Petition for succession certificate in respect of certain debts and securities belonging to the deceased Chandravati Surendra Oza in the Petitioner's capacity as grandson of the deceased. This Court issued grant in favour of the Petitioner on 26.10.2018. It is stated that after issuance of grant, it came to the knowledge of the Petitioner that distinctive numbers and face value have not been incorporated. Accordingly, the present Interim Application is taken out for amendment of Schedule-I in the Petition and consequential amendment as well as acceptance by the Prothonotary and Senior Master of original grant of succession certificate after amendment. Considering the averments in the Interim Application as well as submission of the learned Counsel for the Petitioner, I am satisfied that the case is made out for grant of relief sought for in the Interim Application. Hence, the following order :

i) The Applicant is permitted to incorporate the additions in the schedule to the Petition for succession certificate in terms of the schedule at Exhibit-B annexed to the Interim Application. The Petitioner is also permitted to carry out consequential amendments.

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iii) The Petitioner shall carry out amendment within a period of two weeks from today i.e. on or before 18.02.2022. iv) Re-verification is dispensed with.

v) The Prothonotary and Senior Master shall accept the original grant of succession certificate after amendment. vi) Interim Application is accordingly disposed of. There shall be no order as to costs.

by WAISHALI SUSHIL WAGHMARE Date:

2022.02.05 15:16:44 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) 3/3