Rushad Tehemton Udwadia v. Tehemton Erach Udwadia

19-IA-1848-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1848 OF 2024 IN TESTAMENTARY PETITION NO. 2192 OF 2023 Rushad Tehemton Udwadia ...Applicant/Petitioner

Versus

Tehemton Erach Udwadia

...Respondent

*** Mr. Prabhu Velar for Applicant/petitioner.

***

CORAM

:

N. J. JAMADAR, J.

DATE :

4th JULY 2024 by ETHAPE DNYANESHWAR ASHOK Date:

2024.07.05 17:59:00 +0530 ETHAPE DNYANESHWAR ASHOK PC.

:

1.

Heard the learned Counsel for the Applicant.

2.

This application is preferred for post grant amendment of Testamentary Petition No.2192 of 2023. The said petition was filed for grant of Probate of the Last Will and Testament dated 12th December 2022 of Tehemton Erach Udwadia (deceased). The said petition was allowed by an order dated 19th January 2024.

3.

The applicant has averred that, in the Schedule of the property annexed to the said petition, the property mentioned in the Draft Schedule (Exhibit-B) was not included. Hence, this D.A.ETHAPE

19-IA-1848-2024.doc application for post grant amendment.

4.

I have perused the averments in the application and the documents annexed with it. It appears that the heirs of the deceased have filed affidavits giving consent for post grant amendment. I am satisfied that the amendment deserves to be allowed.

5.

Hence, the following order:-

ORDER

(i) Application stands allowed in terms of prayer clause (a). (ii) The applicant/petitioner is permitted to amend the Schedule-I of the petition so as to include the property mentioned in the Schedule (Exhibit-B) to the application in the said Schedule of the properties.

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

(iv) Re-verification dispensed with.

(v) Post amendment grant expedited.

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