Yasmin Minoo Vazifdar v. Aspy Homi Irani (Deceased)

1 15-IA 867-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.867 OF 2025 IN TESTAMENTARY PETITION NO.749 OF 2022 Yasmine Minoo Vazifdar ... Applicant/Ori. Plaintiff In the matter between Aspi Homi Irani alias Aspy Homi Irani ... Deceased Yasmine Minoo Vazifdar ... Petitioner ----- Ms. Sheetal Shah a/w Megha C. i/by M/s Mehta & Girdharlal for the Applicant. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

19TH MARCH 2025 P.C. :

1.

This Court had vide an order dated 31 st January 2024 granted the Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.03.21 10:31:42 +0530 MUGDHA MANOJ PARANJAPE Applicant a Succession Certificate in respect of certain debts and securities of one Aspi Homi Irani alias Aspy Homi Irani ('the deceased'). 2.

Learned Counsel appearing on behalf of the Applicant points out that after the issuance of grant, the Applicant became aware that the deceased also had shares in the company, viz., MRF Limited at the time of his death. The same were however not known to the Applicant on the date when the Testamentary Petition was filed and therefore the details of the said shares were not set out in the schedule appended to the captioned Testamentary Petition. Mugdha

2 15-IA 867-25.doc 3.

Ms. Shah, Learned Counsel appearing on behalf of the Applicant pointed out that after the issuance of grant, the Applicant was informed by MRF Limited vide its letter dated 21 st March 2024 that the deceased held 120 equity shares in MRF Limited. It is thus to include the same, that the present Interim Application has been filed.

4.

Having due regard to the submissions made, I find that sufficient cause to allow the Interim Application has been made out. The same is thus allowed in terms of prayer clause (a), which reads as follows:- "a. The Hon'ble Court be pleased to permit the Applicant to amend Testamentary Petition No. 749 of 2022 as per the Schedule being Exhibit "G" hereto, whilst dispensing with re-verification thereof and Petitioner's Oath;"

5.

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

6.

Re-verification is dispensed with.

7.

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