Aalekhya Prakash Somayaji v. Nanda Prkash Somayaji

36-IA1569-2024INTP1742-2018.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1569 OF 2024 IN TESTAMENTARY PETITION NO. 1742 OF 2018 SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2024.07.05 17:29:23 +0530 Aalekhya Prakash Somayaji ...Applicant Nanda Prakash Somayaji ...Deceased Ms. Sweta Moghe, i/b Sweta Mehta & Girdharlal, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED:

2nd JULY, 2024 PC:- 1.

Heard the learned Counsel for the applicant.

2.

This application is preferred for post grant amendment in Testamentary Petition No.1742 of 2018. By an order dated 10th January, 2019 succession certificate came to be issued in respect of debts and securities belonging to Nanda Prakash Somayaji alias Nanda P Somayaji and Nanda Krishnamurthi (maiden name).

3.

In the application, it is averred that when the applicant sought transfer of the securities of ICICI Bank Ltd. and Eicher Motors Ltd., it transpired that folio number and other particulars of the shares are not correctly 1/2

36-IA1569-2024INTP1742-2018.DOC mentioned in the grant. The applicant thus seeks amendment in the Schedule of the property as noted in the Schedule (Exhibit-F page 30 to 32) at Item Nos.8, 9, 10 and 11 of the original Schedule.

4.

The application is supported by the documents and affidavit of the applicant. Prakash Somayaji, the father of the petitioner, has filed an affidavit giving no objection to grant the interim application for amendment in the original grant. 5.

The proposed amendment seems to be in the nature of correction in the particulars of the shares, which stood in the name of the deceased.

6.

I am, therefore, inclined to allow the application in terms of prayer clause (b).

7.

The petition be amended so as to correct the particulars mentioned in the Schedule (Exhibit-F pages 30 to 32). 8.

Necessary amendment be carried out within a period of two weeks.

9.

Post amendment grant be expedited.

10.

Application disposed.

[N. J. JAMADAR, J.] 2/2