Ishvarbhai Khalapbhai Rathod v. Gopalbhai Makanbhai Rathod (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 06th March, 2025 FOR COMPLIANCE :

59. TP/292/2025 [Original] (ECHCBM02112052024) P. C. : Shri. Neville D Deboo Ld. Advocate for the Petitioner

1. Read praecipe dated 06.03.2025 along with the draft amendment. Ld. advocate for the petitioner submits that after death of the said Niranjanaben, in view of the Section 14 of the Hindu Succession Act, 1956, Niranjanaben acquired Right Title and interest upon the said property and property will devolves as per the Section 15 and 16 of the Hindu Succession Act, 1956. Now proposed amendment suggested that deceased have no Class-I, Class-II or agnates and cognates as per the Section 15(1) (b) of HS Act, 1956 and thus, now property will devolve as per the Section 15 (d) of Hindu Succession Act, 1956, it means heirs of the father of the said Niranjanaben. Hence, Praecipe is allowed. Upon filing of the additional affidavit of the petitioner confirming the amendment, re-verification is dispensed with.

2. Petitioner to carry out an amendment within Four weeks from the date of uploading of this order, if petition is pending.

3. S. O. to 17.04.2025 06.03.2025 Officer on Special Duty, with Testamentary Department