Rohiqa Cyrus Mistry v. Cyrus Pallonji Mistry

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 30th August, 2024 FOR COMPLIANCE:

34. TP/694/2024 [Original] (ECHCBM02207892023) P. C. :

Ms. Huzan Bhumgara i/b Desai Diwanji Ld. Advocate for the Petitioner

1. Ld. Advocate for the petitioner moved a praecipe dated 30.08.2024 and thereby seeks permission to amend the petition by deleting the name of the mother of the deceased, as the marriage of the deceased with petitioner was solemnized under the provisions of the Special Marriage Act, 1954(for short "Said Act"). Submission is accepted as this statement is made in the petition and on oath. Accordingly, in view of Sec. 21 and 21A of the Said Act, provisions of the sec. 33 and 33A of the Indian Succession Act, 1925 will apply. Hence, the Praecipe is allowed. Petitioner to inform the legal heir whose name is to be deleted.

2.

Petitioner to carryout an amendment within two weeks from the date of uploading of this order, if petition is pending.

3.

S. O. to 20.09.2024 30.08.2024 Officer on Special Duty, with Testamentary Department