Malti Yogesh Bhatia v. Ramani Devkishin Bhatia (Deceased)
27-IA-2270-2024 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 2270 OF 2024 IN TESTAMENTARY PETITION NO. 3867 OF 2023 Malti Yogesh Bhatia ...Applicant
Versus
Ramani Devkishin Bhatia ...Deceased *** Ms. Nishtha Malik a/w Bijal Soni for Applicant. *** by ETHAPE DNYANESHWAR ASHOK Date: 2024.08.14 18:40:49 +0530
CORAM
:
N. J. JAMADAR, J.
DATE :
12th AUGUST 2024 ETHAPE DNYANESHWAR ASHOK PC.
:
1.
Heard the learned Counsel for the Applicant.
2.
This is an application for post grant amendment in the Letters of Administration granted pursuant to an order dated 23rd April 2024. In the application it is averred that, the deceased had left behind the property bearing Flat B/44, Tranquil Treat, Yari Road, Versova, Andheri (W.), Mumbai-400061. However, while carrying out the amendment, inadvertently the address of the husband of the deceased namely, Bungalow No.72, Plot No.72, Ambawadi Bungalow Scheme, Waliv, Palghar, came to be mentioned.
3.
The learned Counsel for the applicant invited the attention D.A.ETHAPE
27-IA-2270-2024 (OS).doc of the Court to the original Testamentary Petition No.3867 of 2023, wherein in paragraph No.16 it was mentioned that the deceased has left behind immovable property bearing "Flat No. B/44, Tranquil Treat, Yari Road, Versova, Andheri (W.), Mumbai400061". 4.
From perusal of the averments in the application in conjunction with the averment in paragraph 16 of the Testamentary Petition No.3867 of 2023 it becomes evident that the description of the immovable property in the Schedule of Assets was incorrectly mentioned. I, therefore, do not find any impediment in allowing the amendment in accordance with Schedule-I (Exhibit-A) (page No.12).
5.
Hence, the following order:
ORDER
(i) Application stands allowed in terms of prayer clause (i). (ii) Necessary amendment in accordance with Schedule-I be carried out within a period of three weeks.
(iii) Post amendment, grant be issued expeditiously. (N. J. JAMADAR, J.) D.A.ETHAPE