Girish Kumar Vasanji Bhatia v. Jayshree Girish Bhatia (Deceased)

1 12-IA 3897-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.3897 OF 2024 IN TESTAMENTARY PETITION NO.1325 OF 2024 Girish Kumar Vasanji Bhatia ... Applicant In the matter between Jayshree Girish Bhatia ... Deceased Girish Kumar Vasanji Bhatia ... Petitioner ----- Ms. Sapana Rachure a/w Priya Chaubey for the Applicant. ----- Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.02.14 10:38:51 +0530 CORAM :

ARIF S. DOCTOR, J.

MUGDHA MANOJ PARANJAPE DATE :

13TH FEBRUARY 2025 P.C. :

1.

This Court had vide an order dated 23 rd July 2024 granted the Applicant Letters of Administration to the property and credits of one Jayshree Girish Bhatia ('the deceased').

2.

Learned Counsel appearing on behalf of the Applicant points out that while the Petition was filed for Letters of Administration without Will in respect of the property and credits of the deceased, the consent affidavit that

2 12-IA 3897-24.doc was filed by the legal heirs of the deceased inadvertently mentioned that the Petition for Letters of Administration was filed with a Will. She submits that on account of this inadvertent error, one of the flats forming part of the property of the deceased was not transferred by the Developer in favour of the Applicant. She thus submits that the present Interim Application has been filed seeking the following reliefs:

"a.

That leave be granted to carry out amendment in Consent Affidavits dated 2nd January, 2024 filed by Kalpana Shamik Dave and Samir Girish Bhatia and Consent Affidavit dated 13th March, 2024 filed by Sejal Girishkumar Gandhi to the extent that the words "Letters of administration with will annexed" mentioned in paragraph 2 of the Consent Affidavits be amended as "Letters of administration without will annexed". b.

That the verification may kindly be dispensed with as the Petition is filed online."

3.

Learned Counsel has also today tendered consent affidavits of all the legal heirs of the deceased who had earlier filed their respective consent affidavits, in which the inadvertent error appears. The said Affidavits consent to the Interim Application being allowed.

4.

Hence, in view of what is stated above, I find that sufficient cause has been shown to allow the Interim Application. Hence, Interim Application is allowed in terms of prayer clauses (a) and (b), reproduced above.

3 12-IA 3897-24.doc 5.

The Interim Application is accordingly disposed of. (ARIF S. DOCTOR, J.)