Gautam Gordhandas Mehta v. Gordhandas Girdhalal Mehta (Deceased)

1 6-IA 625-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.625 OF 2025 IN TESTAMENTARY PETITION NO.980 OF 2013 Gautam Gordhandas Mehta ... Applicant In the matter of Gordhandas Girdhalal Mehta ... Deceased Gautam Gordhandas Mehta ... Petitioner ----- Adv. Vinali Bhaidkar for the Applicant.

----- MUGDHA MANOJ PARANJAPE CORAM :

ARIF S. DOCTOR, J.

MUGDHA MANOJ PARANJAPE Date: 2025.02.27 17:06:30 +0530 DATE :

26TH FEBRUARY 2025 P.C. :

1.

This Court had vide an order dated 30 th November 2013 granted the Applicant a Probate in respect of the last Will and Testament of one Gordhandas Girdhalal Mehta ('the deceased').

2.

Learned Counsel appearing on behalf of the Applicant invites my attention to the Will of the deceased and points out that while the said Will referred to some property situated at Khandala, the same had not been listed in

2 6-IA 625-25.doc the schedule of assets of the deceased since at the time when the Probate Petition was filed, the details of the said property were not available with the Applicant. She submits that it was only after issuance of grant, the Applicant became aware of the details of the property. In support of the contention that the said Khandala property stood in the name of the deceased, she invited my attention to Index II. It is thus the present Interim Application has been filed to amend the schedule to incorporate the details of the said property into the schedule of assets.

3.

After having heard Learned Counsel for the Applicant as also having perused the Interim Application as also annexures, I am satisfied that the Interim Application deserves to be allowed and thus the same is allowed in terms of prayer clauses (b) and (c), which read thus: "(b) The Applicant / Original Petitioner may be permitted to amend Schedule No. I to the Petition as per Schedule of Amendment marked and annexed as Exhibit "B" hereto;

(c) Consequently, the Registry may be directed to amend the Schedule of Properties annexed to the Grant of Probate dated 30th November, 2013."

4.

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

3 6-IA 625-25.doc 5.

Re-verification is dispensed with.

6.

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