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Bombay High CourtIA/7457/2025disposed off

Dilip Manohar Basrur v. Anjali Ashish Rawat (Deceased)

2025-12-23Hon'Ble Justice Sharmila U. Deshmukh2 pages

42-ia-7457-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.7457 OF 2025 IN TESTAMENTARY PETITION NO.1207 OF 2018 Dilip Manohar Basrur

...Petitioner

And Anjali Ashish Rawat @ Anjali Rawat ...Deceased ------ Ms. Namrata Biyawat i/b. N.B. Legal, for the Applicant. ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 23, 2025 P. C. :

1.

This is an application seeking post grant amendment to the Probate granted on 11th July, 2019 of the last Will and Testament of Anjali Ashish Rawat.

2.

Learned counsel appearing for the Applicant submits that after the issuance of Probate, it came to the knowledge of the Applicant that there is clerical error in the Schedule of Assets annexed to the Testamentary Petition as instead of 'Flat No. 3' in the asset mentioned at Serial No. 12 of the Schedule of Assets, 'Flat No. 4' has been mentioned. She submits that there is no impediment to grant amendment as the legal heirs of the deceased have filed their consent Vishal Parekar 1 of

42-ia-7457-2025.doc affidavits.

3.

I have perused the Schedule of Assets to the Testamentary Petition as well as the proposed amendment.

4.

In the Schedule of Assets annexed to the Testamentary Petition at Serial No. 12, the immovable property i.e. flat situated at Pune is described as Flat No. 4, Building No. 5, Pratik Nagar Co. Op. Hsg. Society Ltd., Kothrud, Pune. There is specific pleading in the application that the immovable property which is 'Flat No. 3' is inadvertently mentioned as 'Flat No. 4' in the Schedule of Assets. The amendment is in the nature of correction of clerical error and hence there is no impediment in granting the same.

5.

The Interim Application is allowed.

6.

Amendment to be carried out within a period of four weeks. 7.

Post amendment grant expedited.

8.

Re-verification dispensed with.

[SHARMILA U. DESHMUKH, J.] Vishal Parekar 2 of