Allowed

Tushar Dwardadas Thakkar v. Haridas Dwardadas Thakkar Deceased

Bombay HC24 Feb 2023IA/1918/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed the interim application to amend the schedule of a testamentary petition and the associated succession certificate in response to the discovery of securities in the deceased's name. In the interest of justice, the application filed by the original petitioner for amendment and consequent directions was routinely permitted and disposed of.

What did the court decide?

Allowed amendment to the schedule of Testamentary Petition No.255 of 2015 and direction to amend the Succession Certificate.

Tushar Dwardadas Thakkar Vs Haridas Dwardadas… — Succession and Inheritance | Bombay HC (2023)

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1 20-IA 1918-22 in TP 255-17.doc

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Digitally signed byMUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.02.28 12:07:10 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.1918 OF 2022

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PETITION NO.255 OF 2015

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Tushar Dwarkadas Thakkar … Applicant (Orig. Petitioner) In the matter between Haridas Dwarkadas Thakkar … Deceased Tushar Dwarkadas Thakkar … Applicant (Orig. Petitioner)

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Mr. Jaydeep J. Thakkar for the Applicant.

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CORAM : ARIF S. DOCTOR, J. DATE : 24TH FEBRUARY 2023

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P.C. :

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By the present Interim Application, the Applicant seeks after grant

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amendment to the Schedule of Testamentary Petition No.255 of 2017 as also directions to amend the Succession Certificate, which was issued by this Court to the Applicant on 31/07/2018.

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The Applicant submits that post the grant, the Applicant became

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aware of certain securities, which stood in the name of the deceased and thus seeks to include the same in the Schedule.

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Mugdha

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1 of 2

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2 20-IA 1918-22 in TP 255-17.doc

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I have heard learned Counsel appearing on behalf of the Applicant and perused the Interim Application. I find that the Interim Application is in order and deserves to be allowed in the interest of justice. Therefore, the Interim Application is allowed in terms of prayer clauses (a), (b) and (c), which read as follows :-

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“(a) That the delay if any in taking out this Interim application may be condoned.

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(b) That the Applicant may kindly be allowed to amend Petition as per Schedule annexed to the Interim Application.

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(c) That after amendment of Petition, as sought in prayer (b) is carried out, Testamentary Department may be directed to amend Succession Certificate issued on 31^st July 2018 in above Petition, as per amended Petition.”

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The Interim Application is thus disposed of in terms of the above

order.

(ARIF S. DOCTOR, J.)

Mugdha

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Tushar Dwardadas Thakkar v. Haridas Dwardadas Thakkar Deceased

Case brief

What is this about?

What did the court decide?

Tushar Dwardadas Thakkar v. Haridas Dwardadas Thakkar Deceased

Case brief

What is this about?

What did the court decide?

What the court decided

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