Rajesh Suresh Barve v. Suresh Ramchandra Barve Deceased

21-ia-1759-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1759 OF 2024 IN TESTAMENTARY PETITION NO.2387 OF 2023 Rajesh Suresh Barve

...Petitioner

vs.

Suresh Ramchandra Barve (Deceased)

...Respondent

Mr. Yohan Mehta i/b. M/s. Divekar Bhagwat & Co., for the Petitioner/Applicant.

CORAM :

N. J. JAMADAR, J.

DATE :

JULY 11, 2024 P.C.:

1.

Heard the learned counsel for the parties.

2.

This application is preferred seeking post grant amendment in the Letters of Administration granted on 9th February, 2024 in Testamentary Petition No. 2387 of 2023.

3.

In the application it is averred that when the petition was preferred inadvertently an immovable property, more particularly described in schedule C appended to this application, was not included in the Schedule of Assets. Post grant, it has been realized that the said property ought to have been included in the Schedule of Assets. Hence, this application.

4.

The applicants/petitioners appear to be the only surviving heirs of the deceased. Therefore, there does not seem any Vishal Parekar ...1

21-ia-1759-2024.doc impediment in allowing the applicants to amend the petition so as to add the property described in schedule 'C' to the instant application in the Schedule of Assets.

Hence, the following order.

ORDER

1] The application stands allowed in terms of prayer clause (a).

2] The petitioner is permitted to amend the Schedule of Assets in accordance with schedule C within a period of two weeks.

3] Post amendment grant expedited.

Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2