Kirtan Deepak Shah v. Deepak Maneklal Shah (Deceased)

26-IA-918-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.918 OF 2025 IN TESTAMENTARY PETITION NO.4032 OF 2023 Kirtan Deepak Shah ] Applicant Deepak Maneklal Shah ] Deceased .....

Mr. Sunil Chaturvedi a/w Mr. Anand Upadhyay, for Applicant. .....

CORAM : ARIF S. DOCTOR, J.

th APRIL, 2025.

DATE : 29 P.C:

1.

This Court vide an order dated 20 th June, 2024 granted the applicant probate in respect of last Will of Deepak Maneklal Shah (the deceased). Learned Counsel points out that after issuance of grant, it came to the applicant's knowledge that the deceased was during his life time also entitled to certain further assets; a. One Covered Car Parking Space bearing No. 18, admeasuring approximately 216 sq. ft. built up area in the compound of the building known as "Purab Apartments, belonging to the Walkeshwar Purab Cooperative Housing Society Limited, situate at 42 Ridge Road, B.G. Kher Marg, Malabar Hill, Mumbai 400 006 standing in the name of the deceased above named of the approximate Value of Rs.15,00,000.00 (Rupees Fifteen Lakhs Only), (hereinafter for brevity sake called "the said One Covered Car Parking Space") and SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.04.30 13:38:57 +0530

26-IA-918-2025.doc b. Input Tax Credit, against GST No. 27 AAIPS2634QIZ0, standing in the name of Proprietory Firm known as "Mis. Maneklal & Sons (Exports)", of which the above named deceased was the Sole Proprietor, amounting to approximate Value of Rs. 6,80,000.00 (Rupees Six Lakhs Eighty Thousand Only), (hereinafter called "the said Input Tax Credit"). 2.

Since the applicant does not set out (i) the basis on which it is claimed that the assets now sought to be added belongs to the deceased at the time of his death and (ii) as to when and how the applicant became aware of the same, let the affidavit setting out the same be filed on or before 9 th June, 2025.

3.

Stand over to 9 th June, 2025.

[ARIF S. DOCTOR J.]