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Bombay High CourtIA/3181/2024disposed off

Mahamed Alias Mohamed Anees Noorani v. Mahmomed Alias Mohamed Yusuf Noorani (Deceased)

2024-11-25Hon'Ble Shri Justice N. J. Jamadar2 pages

21-IA-3181-2024 IN TP-1498-2020.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3181 OF 2024 IN TESTAMENTARY PETITION NO. 1498 OF 2020 Mahomed Alias Mohamed Anees Noorani & Anr ...Applicants In the matter between Mahomed Alias Mohamed Anees Noorani & Anr

...Petitioners

Mahomed Alias Mohamed Yusuf Noorani ...Deceased Mr. Aurup Dasgupta a/w. Adv Drshika Hemnani & Adv. Ayushi Jha i/b Jhangiani, Narula & Associates, for the Applicants.

CORAM:

N. J. JAMADAR, J.

DATED :

25 NOVEMBER 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 dated 2nd June 1997 and Codicils dated 8th November 2000, 16th November 2000, 19th October 2005 and 10th October 2012 of Mahomed Alias ARUN RAMCHANDRA SANKPAL Mohamed Yusuf Noorani (deceased) granted by an Order dated ARUN RAMCHANDRA SANKPAL Date: 2024.11.26 17:30:59 +0530 30th June 2021.

3.

Pursuant to the Order dated 21st October 2024, the Applicant has filed an Additional Affidavit. Copies of the instruments in respect of the properties which are sought to be 1/2

21-IA-3181-2024 IN TP-1498-2020.DOC included by way of an amendment in the Schedule of assets, property card of the Property bearing Survey No. 340 situated at Sambha, Taluka Talasari, District Palghar and Property Tax Receipt issued by Bruhat Bengaluru Mahanagar Palika. in respect of the property situated at Bengaluru are annexed to the Additional Affidavit.

4.

The Additional Affidavit and the documents annexed thereto lend support to the claim of the Applicant for amendment in the Schedule of assets.

5.

I do not find any impediment in allowing the Application. 6.

Hence the following order.

ORDER

(i) The Application stands allowed.

(ii) The Applicants are permitted to amend the Schedule of assets in accordance with the Schedule of amendment (Exhibit "B", page 107).

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

(iv) Post-amendment Grant expedited.

[N. J. JAMADAR, J.] 2/2