Kritarth Dayalji Raja v. Hemant Keshavlal Dattani (Deceased)

2024:BHC-OS:13875 4 ia 2533 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.2533 OF 2024 IN TESTAMENTARY PETITION NO.2679 OF 2023 Kritarth Dayalji Raja ...

Applicant/Petitioner Hemant Keshavlal Dattani ...

Deceased Ms. Jyoti Badgujar i/by S.U.Lakdawala, for Applicant. CORAM: N.J.JAMADAR, J.

DATE :

6 SEPTEMBER 2024 P.C.

1.

Heard the learned Counsel for the Applicant.

2.

This is an application for post grant amendment in the Probate of the Last Will and Testament of Hemant Keshavlal Dattani (deceased) granted by an order dated 31 January 2024.

3.

In the application, it is averred that, post grant, it has been realized that in the original Schedule of assets, it has been incorrectly mentioned that the deceased was holding the properties described at Sr. Nos.1 and 2 jointly with Mitesh Hemant Dattani instead of Saroj Hemant Dattani and the property at Sr. No.3 with Mrs. Dharti Kritarth Raja instead of Saroj Kritarth Dattani. Copy of the share certificate issued by the Society (Exhibit C) is annexed to the application. Copy of Index II (Exhibit D) is also annexed to the application. 4.

It appears that incorrect description was inadvertently mentioned in the SSP 1/2

4 ia 2533 of 2024.doc original Schedule of assets. The application is supported by the documents (Exhibits C and D). I am, therefore, inclined to allow the application. 5.

Hence, the Application stands allowed in terms of prayer clauses (a) and (b).

6.

Necessary amendment in the original Schedule of assets be carried out in accordance with the Schedule of amendment (Exhibit B) within a period of three weeks.

7.

Post amendment, grant expedited.

8.

Interim Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 09/09/2024 14:28:51