Hemant Chinubhai Mehta v. Sharda Chinubhai Mehta

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2025.02.15 09:28:48 +0530 MULEY SHUBHAM PRAVINRAO 1 40-TP-1686-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1686 OF 2024 Hemant Chinubhai Mehta

...Petitioner

Sharda Chinubhai Mehta ...Deceased WITH WILL NO. 627 OF 2024 ----------------- Adv. Vipul Shukla a/w Sandeep Dhangar for the Petitioner. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 13TH FEBRUARY, 2025 P.C.:- 1.

The Petition is on board seeking dispensation with the following requisitions:

"2) Upon perusing the Will, it is noticed that on page No. 2, two dates are mentioned i.e. 22nd June, 2018 in typed form and 28/06/2018 in handwritten form. Hence, Ld. Advocate to explain date of execution of Will.

3. To comply with the provisions of Rule 383 of the Bombay High Court (Original Side) Rules, 1980.

4. To file consent Affidavits of legal heirs." Shubham 1/2

2 40-TP-1686-2024.doc 2.

After arguing at some length, it was put to Learned Counsel as to why the sole beneficiary under the said Will cannot file the present Petition. 3.

Learned Counsel sought leave to amend the Testamentary Petition so as to implead the beneficiary as the Petitioner. 4.

Leave as prayed for is granted. Amendments to be carried out within a period of one week from today.

5.

It is made clear that none of the other requisitions contained in the order dated 27 th September, 2024 have been dispensed with.

(ARIF S. DOCTOR, J.) Shubham 2/2