Allowed

Jayasree Ramchandran Nair and Another v. Kandoth Poyil Ramchandran Nair (Deceased)

Bombay HC26 Jun 2023IA/1364/2023

Case brief

AI extract

What is this about?

High Court Judicial Bench allowed an interim application for post grant amendment of the schedule of assets in a testamentary petition, permitting the Prothonotary and Senior Master to rectify the probate schedule within eight weeks based on discovered properties.

What did the court decide?

Interim application allowed; Prothonotary and Senior Master directed to accept original probate with amended schedule and carry out rectification within eight weeks.

Jayasree Ramchandran Nair and Another Vs Kandoth… — Succession and Inheritance | Bombay HC (2023)

¶1

11.ia.1364.23.doc

¶2

Ajay

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

¶4

INTERIM APPLICATION NO. 1364 OF 2023 IN TESTAMENTARY PETITION NO. 9 OF 2014

¶5

Kandoth Poyil Ramachadnran Nair..Deceased
Mrs. Jayasree Ramchandran Nair and Anr...Applicants
IN THE MATTER BETWEEN:-

¶6

Mrs. Jayasree Ramchandran Nair and Anr...Petitioners

¶7

Mr. Paras S. Gosar i/by Mr. Jayesh R. Vyas, Advocate for Applicants / Petitioners.

¶8

CORAM :MILIND N. JADHAV, J. DATE :JUNE 26, 2023.

¶9

P.C.:

¶10

1. Heard Mr. Gosar, learned Advocate for the Applicants /

¶11

Petitioners.

¶12

2. This Interim Application has been filed for post grant amendment in respect of properties which are discovered subsequent to the issuance of grant, the details of which are mentioned in Exhibit

¶13

“C” Schedule at page No.20 of the Interim Application. In addition,
Applicant has filed a detailed additional Affidavit dated 19.06.2023,
inter alia, giving details of the properties alongwith the copy of the

¶14

sale deed which reflects the name of the deceased as the purchaser
therein.

¶15

1 of 2

¶16

11.ia.1364.23.doc

¶17

3. An arguable case has been made out by Advocate Mr. Gosar for seeking post grant amendment.

¶18

4. Interim Application stands allowed in terms of prayer clause

¶19

‘a’ which reads thus:-

¶20

“a. That this Hon’ble Court be pleased to permit / allow the
Applicants to carry out Amendment in terms of the Schedule
being Exhibit – C hereto, in the Schedule – I to the above
Petition and grant thereof.”

¶21

5. Prothonotary and Senior Master of this Court is directed to accept the original probate alongwith the Schedule of Assets appended thereto for carrying out the above addition / rectification in the Schedule of Assets annexed to the probate.

¶22

6. The rectification shall be carried out within a period of eight weeks from today. Re-verification stands dispensed with.

¶23

7. Interim Application is allowed in the above terms.

¶24

 [ MILIND N. JADHAV, J. ]

¶25

Ajay

¶26

2 of 2

Jayasree Ramchandran Nair and Another v. Kandoth Poyil Ramchandran Nair (Deceased)

Case brief

What is this about?

What did the court decide?

Jayasree Ramchandran Nair and Another v. Kandoth Poyil Ramchandran Nair (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pramod Parshuram Shinde Vs Parshuram R.Shinde and Ors.

Divya Jitendra Sharma Alias Namrat Niranjan Bolakani and Anr. (Caveator) vs Bhagwan Sahijram Motwani (Petitioner)and Jitendra Motilal Sharma (Deceased)

Nandita Ashok Khosla vs Kamli Vishindas Vazirani (Deceased)

Patrick Denis Dsouza Vs Mariemartha Rathindra Basu (Applicant/Caveator)

Ebrahim Hohd. Hanif Baig Vs Mohd. Hanif Ebrahim Baig and Zarina Hanif Baig (Deceased)

Nilesh Yashwant Ayare vs Harihar Shikshan Sanstha and 3 Others