Jaydeep Rajabhau Mirashi v. Mirashi Rajabhau Govind

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1694 OF 2024 IN TESTAMENTARY PETITION NO. 654 OF 2018 Jaydeep Rajabhau Mirashi ...Applicant

Versus

Mirashi Rajabhau Govind

...Respondent

*** Mr. Vasim Siddiqui for Applicant.

*** by ETHAPE DNYANESHWAR ASHOK Date: 2024.08.01 12:33:05 +0530 ETHAPE DNYANESHWAR ASHOK

CORAM

:

N. J. JAMADAR, J.

DATE :

30th JULY 2024 PC.

:

1.

Heard the learned Counsel for the Applicant.

2.

This is an application for Post Grant Amendment in the Letters of Administration to the property and credit of Mirashi Rajabhau Govind @ Rajabhau G. Mirashi @ R. G. Mirashi, granted by an order dated 6th September 2018. 3.

In the application it is averred that, after the grant of the Letters of Administration, one of the heirs of the deceased namely, Sneha Dinesh Kaspale, the daughter passed away on 14th December 2021. Therefore, the table at paragraph No.4 of the petition containing the particulars of the heirs is required to be

amended. It is further asserted that the deceased has left behind the shares, the particulars of which are furnished in paragraph (B) of the Schedule of Amendment (Exhibit-B), which were not incorporated in the original Schedule of Assets. It is, therefore, necessary to amend the petition and consequential grant. 4.

So far as the prayer to amend the petition so as to bring on record the legal representatives of Sneha Dinesh Kaspale, who passed away on 14th December 2021, post grant, there is no necessity of such amendment. The prayer to amend the petition so as to include the properties which were inadvertently not included in the original Schedule of Assets, however, appears to be justifiable.

5.

It would be contextually relevant to note that Dinesh Prakash Kaspale, the husband, and Amog Dinesh Kaspale, the son of the deceased Sneha Kaspale, have filed affidavits giving consent for post grant amendment. Thus, I do not find any impediment in allowing the application to the extent of the amendment in the Schedule of Assets in accordance with paragraph (B) of the Schedule of Amendment at Exhibit-B only. Hence, the following order:

ORDER

(i) Application stands partly allowed to the extent of amendment in the Schedule of Assets in accordance with paragraph (B) of Schedule of Amendment at Exhibit-B. (ii) Necessary amendment in the petition be carried out within a period of three weeks.

(iii) Post amendment grant expedited.

(iv) Application stands disposed of.

(N. J. JAMADAR, J.)