Wilma Mark Mascarenhas v. Bernard Moter D Souza @ B M D Souza @ D Souza B M @ Bernard Dsouza (Deceased)

19-IA-1172-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1172 OF 2025 IN TESTAMENTARY PETITION NO.3047 OF 2022 Wilma Mark Mascarnhas ] Applicant Bernard Monter D'Souza alias ] Mr. B.M. D'Souza alias D'Souza B.M. ] Deceased .....

Mr. Glenn D'Souza, for Applicant.

.....

CORAM : ARIF S. DOCTOR, J.

th MAY, 2025.

DATE : 7 P.C:

1.

The present Interim Application is for post grant amendment. This Court vide an order dated 6 th July, 2023 granted the applicant probate in respect of the last Will and Testament of one Bernard Monter D'Souza alias Mr. B.M. D'Souza alias D'Souza B.M. (the deceased). After the issuance of grant it was noticed that the property described in Item 5 of the schedule was incorrectly mentioned as "Plot No.4-38/1. The same should be "Door No.4-38/1 (2). SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2025.05.09 14:10:26 +0530

19-IA-1172-2025.doc 2.

Learned Counsel to support his contention places reliance upon Rectification Deed.

3.

Having due regard to the submissions made, I find that sufficient cause has been shown to allow the Interim Application. Thus, it is allowed in terms of prayer clauses (a), (b) and (c) which read thus; "(a) this Hon'ble Court be pleased to allow this application; (b) this Hon'ble Court be pleased to order and direct the Applicant and/or the Testamentary department to carry out the necessary amendment/correction in the Schedule of Asset annexed to the Grant of Probate.

(c) this Hon'ble Court be pleased to order and direct the Applicant/Petitioner to submit the original Grant of Probate in the Testamentary Department for necessary amendment/correction".

4.

Amendment to be carried out within three weeks from today. 5.

Re-verification is dispensed with.

6.

Interim Application is disposed of.

[ARIF S. DOCTOR J.]