Parag Karan Khansaheb v. Karanbhai Maganlal Khansaheb Alias Karan Maganlal Khansahib

1 10-IA 1607-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1607 OF 2024 IN TESTAMENTARY PETITION NO.2366 OF 2017 Parag Karan Khansaheb ... Applicant/Original Petitioner In the matter between Karanbhai Maganlal Khanseheb alias Kaan Maganlal Khasahib ... Deceased Parag Karan Khansaheb ... Petitioner ----- Mr. Rubin Vakil a/w Ramesh Gajria, Deepa Hate i/by Gajria & Company for the Applicant/Petitioner.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.02.14 10:38:48 +0530 MUGDHA MANOJ PARANJAPE ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

13TH FEBRUARY 2025 P.C. :

1.

This Court had vide an order dated 2 nd April 2018 granted the Applicant a Succession Certificate in respect of the debts and securities belonging to one Karanbhai Maganlal Khanseheb alias Kaan Maganlal Khasahib ('the deceased').

2 10-IA 1607-24.doc 2.

By way of the present Interim Application, the Applicant seeks an amendment to the schedule appended to the grant to include certain other shares and securities, which the Applicant states, were in the name of the deceased at the time of his death of which fact the Applicant became aware only after the issuance of grant.

3.

Mr. Vakil, Learned Counsel appearing on behalf of the Applicant has invited my attention to the schedule of amendment, which lists out various shares and securities, which are now said to be added. He further invites my attention to the Affidavit dated 24 th December 2024 in which the Applicant has placed on record the various correspondence, from which it is set out that how the Applicant became aware of the fact that the said shares and securities stood in the name of the deceased at the time of his death. He then invited my attention to the further Affidavit filed pursuant to the order dated 2 nd January 2025 which sets out that the Applicant became aware of the fact that the said shares and securities stood in the name of the deceased and were came to know only after the date of grant.

4.

I have perused the said Affidavits and find that the same set out the details of the said shares and securities.

3 10-IA 1607-24.doc 5.

Having heard Learned Counsel for the Applicant and having perused the Interim Application as also the relevant annexures, I find that sufficient cause has been shown to allow the Interim Application. The Interim Application is thus allowed in terms of prayer clauses (a) and (b), which read thus:

"a) this Hon'ble Court be pleased to allow the Applicant to amend the Schedule I of the above petition for grant of succession certificate of Karanbhai Maganlal Khansaheb as per the schedule of amendment being Exhibit B hereto, by adding the new shares belonging to the deceased; b) This Hon'ble Court may be pleased to extend the grant of succession issued to the applicant in the above petition vide grant dated 2nd April, 2018;" 6.

The Interim Application is accordingly disposed of. 7.

Amendments to be carried out within a period of two weeks from today.

(ARIF S. DOCTOR, J.)