Rashesh Jayantilal Shah v. Sharda Jayantilal Shah (Deceased)

1 8-IA 861-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.861 OF 2025 IN TESTAMENTARY PETITION NO.1598 OF 2021 Sharda Jayantilal Shah ... Deceased Rashesh Jayantilal Shah ... Applicant/Petitioner ----- Mr. Rahul Bothra for the Applicant/Petitioner. ----- [ CORAM :

ARIF S. DOCTOR, J.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.05.08 18:49:27 +0530 MUGDHA MANOJ PARANJAPE DATE :

08TH MAY 2025 P.C. :

1.

This Court had granted on 27 th January 2022 to the Applicant the Letters of Administration in respect of certain properties and credits of one Sharda Jayantilal Shah ('the deceased').

2.

Learned Counsel appearing on behalf of the Applicant submits that the Schedule appended to the Testamentary Petition does not mention that 50% undivided shares in the flat belongs to the Applicant and 50% belongs to the deceased. She points out from the Will that the said Will records this fact. It is to effect this amendment, the present Interim Application has been taken out. Mugdha

2 8-IA 861-25.doc 3.

Having due regard to the submissions made as also averments made in the Application, I am of the view that Interim Application deserves to be allowed. Hence, Interim Application is allowed in terms of prayer clause (a), which reads thus:

"a.

Carry out amendment in Schedule - I of the Petition and in Grant of Letters of Administration with Will annexed as per Exhibit - C annexed to this application."

4.

Amendments to be carried out within a period of three weeks from today. Re-verification is dispensed with. 5.

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