Pankti N. Shah v. Nilay Piyush Shah- Deceased

8-IA-1691-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1691 OF 2024 IN TESTAMENTARY PETITION NO. 2870 OF 2018 Pankti N. Shah ...Applicant

Versus

Nilay Piyush Shah ...Deceased *** Mr. Prabhu Velar i/by Satendra Kumar for the Applicant. ***

CORAM

:

N. J. JAMADAR, J.

DATE :

26th JULY 2024 by ETHAPE DNYANESHWAR ASHOK Date: 2024.07.30 18:18:31 +0530 ETHAPE DNYANESHWAR ASHOK PC.

:

1.

Heard the learned Counsel for the Applicant.

2.

This application is filed for post grant amendment in the Letters of Administration in respect of the properties and credits of late Nilay Piyush Shah @ Nilay P. Shah granted by an order dated 15th June 2019.

3.

The applicant averred, post grant, it was realized that the deceased has 50% undivided interest in flat No.502, building No.Q1 situated at Wagholi, Taluka Haveli, District Pune, more particularly described in draft amendment at Exhibit-B to the application.

D.A.ETHAPE

8-IA-1691-2024 (OS).doc 4.

Mrs.Nisha Piyush Shah, the mother and the other heir of the deceased, has given consent for post grant amendment. 5.

Pursuant to order dated 25th June 2024, the applicant has filed an additional affidavit. A copy of the instrument dated 30th December 2017 under which the deceased and the Pallav Mahesh Shah had jointly purchased the property described in the schedule of draft amendment at Exhibit-B is annexed to the additional affidavit.

6.

Mrs.Nisha Shah, the mother of the deceased, has also filed an affidavit giving consent for post grant amendment. Thus, I do not find any impediment in allowing the application for post grant amendment.

7.

Application stands allowed in terms of prayer clause (a). 8.

Necessary amendment in the Schedule of Assets of the original petition be carried out within a period of three weeks. 9.

Post amendment grant expedited.

(N. J. JAMADAR, J.) D.A.ETHAPE