Dinesh Malukchand Tolia v. Chandanben Malukchand Tolia

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 24th June, 2025 CALLED FOR DIRECTION:

5.TP/939/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. D. R. Mishra , Ld. Advocate for the Petitioner. with WILL/305/2024 P. C. :

1. Heard Ld. Advocate for the petitioner. Petitioner seeks permission to amend the petition, in terms of the proposed amendment, mentioned in the said praecipe, dated 20.06.2025. Ld. advocate for the petitioner submits that the capacity of the petitioner is mentioned in the paragraph No.5 of the petition. However, in the title it is incorrectly mentioned. He submitted that the petitioner has obtained the grant in respect of the Will executed by MALUKCHAND TOLIA. Hence, petitioner's capacity as a representative of the Sole legatee, is required to be mentioned in view of Sec. 211 and 213 of the Indian Succession Act, 1925. Submission is accepted. Proposed amendment is appeared to be relevant in terms of above referred provisions.

Petitioner to carry out an amendment withing period of 03 weeks from the date of uploading this order, if the petition is pending. Furthermore, in case of online petition, the petitioner to upload the amended petition, within period of 05 days from the date of amendment. Consequential amendment if any stands allowed. The petitioner to file the copy of the Grant issued in the another petition.

2. Upon filing an additional affidavit by the petitioner, confirming the proposed amendment, the re-verification, if any, stands dispensed with. However, Ld. advocate for the petitioner to initial the amendment.

3. Removed from the Board.

Officer on Special Duty, with Testamentary Department 24.06.2025