Sushil Champaklal Marfatia v. Champaklal Babubhai Marfatia (Deceased)

2024:BHC-OS:16984 12 ia 3183 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3183 OF 2024 IN TESTAMENTARY PETITION NO.1470 OF 2022 Sushil Champaklal Marfatia ...

Applicant/Petitioner Champaklal Babubhai Marfatia ...

Deceased Mr. Siddharth Desai with Mr. Madhav Shah, for Applicant CORAM: N.J.JAMADAR, J.

DATE :

18 OCTOBER 2024 P.C.

1.

Heard the learned Counsel for the Applicant.

2.

This application is filed seeking post grant amendment in the Probate of the last Will and Testament of Champaklal Babubhai Marfatia (deceased) granted by an order dated 16 March 2024.

3.

In the Petition and, consequently, in the grant, the date of death of the deceased was incorrectly mentioned as 22 October 1982 instead of 17 November 1982.

4.

Perused the copy of the death certificate. Proposed amendment is in the nature of correction of an inadvertent error in mentioning the date of death of the deceased in the Petition.

5.

The application, thus, stands allowed in terms of prayer clause (a). 6.

Necessary amendment in accordance with the Schedule of Amendment SSP 1/2

12 ia 3183 of 2024.doc (Exhibit C) be carried out within a period of three weeks from the date of uploading of this order.

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: 21/10/2024 11:19:46