Uday Champaklal Shah v. Rasiklal Swaroopchand Shah (Deceased No 1)

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.01.16 09:52:10 +0530 MUGDHA MANOJ PARANJAPE 1 19-IA 3247-24 in TP 247-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3247 OF 2024 IN TESTAMENTARY PETITION NO.247 OF 2021 Uday Champaklal Shah ... Applicant/(Original Petitioner) In the matter of Rasiklal Swaroopchand Shah and Manjulaben Rasiklal Shah ... Deceased Uday Champaklal Shah ... Petitioner ----- Ms. Siddhi Mathe i/by Vipul J. Shah for the Petitioner. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

15TH JANUARY 2025 P.C. :

1.

This Court had on 24 th August 2021 granted Probate in respect of the joint Will of Rasiklal Swaroopchand Shah and Manjulaben Rasiklal Shah ('the deceased') to the Applicant. The said grant was uncontested. 2.

Learned Counsel appearing on behalf of the Applicant submits that it was after the grant of Probate, the Applicant became aware that there Mugdha

2 19-IA 3247-24 in TP 247-21.doc exists certain other shares/securities in the name of both deceased. She has invited my attention to the Schedule appended to the Interim Application, which list out the details of the said shares/securities. The material in support of the same is annexed to the Interim Application. 3.

After having heard Learned Counsel and perusing the material on record, I find it appropriate to allow the present Interim Application. Thus, the Interim Application is allowed in terms of prayer clause (a), which reads thus: "a) Grant leave to amend the Schedule of the property annexed to the Petition/Probate to include, the shares of the listed Indian public company, discovered after the grant of Probate, in the Estate of the Deceased."

4.

Amendment to be carried out within a period of two weeks from today.

5.

Interim Application is accordingly disposed of. 6.

Re-verification is dispensed with.

(ARIF S. DOCTOR, J.) Mugdha