Mithalal Manganlal Singhvi v. Santokben Mithalal Singhvi (Deceased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 02nd May, 2025 CALLED FOR DIRECTION:

Mr. Waquar Ahmad, Advocate for the Petitioner / Applicant.

501.IA/1122/2025 AMH20230041810C202500023 In TP/2187/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1.

This Interim Application was placed before me under Rule 131 of the Bombay High Court High Court Original Side Rules, 1980, as the Testamentary Petition is a non-contested matter. Accordingly, by an order dated 8th April, 2025, the Interim Application was allowed and the Applicant / Petitioner was directed to carry out amendment as per the Schedule annexed to the Interim Application.

2.

The Ld. Advocate for Applicant / Petitioner submits that the amendment has been carried out in the Testamentary Petition but the grant has not been amended as the Interim Application is taken out for post grant amendment. It is informed by the Registry that the Interim Application for post grant amendment is required to be placed before the Hon'ble Court.

3.

Section 261 of the Indian Succession Act, 1925, provides for what errors may be rectified by Court. Section 261 reads as under :

"261. What errors may be rectified by Court.- Errors in names and descriptions, or in setting forth the time and place of the deceased's death or the purpose in a limited grant, may be rectified by the Court and the grant of probate or letters of administration may be altered and amended accordingly."

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) ) ) ) ) ) 4.

Since, the Interim Application taken out by the Applicant for post grant amendment, the order dated 8th April, 2025 is recalled. Registry to place the Interim Application before the Hon'ble Court for directions. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 02.05.2025