Allowed

Amisha Bhaven Shah (Applicant) v. Bhaven Mahendra Shah (Petitioner Since Deceased) and Mahendra Khetsey Shah (Deceased)

Bombay HC20 Feb 2023IA/366/2023

Case brief

AI extract

What is this about?

V.P. Arif S. Doctor allowed an interim application seeking deletion of the deceased petitioner's name from a testamentary petition for a succession certificate and impleadment of the deceased's legal heir.

What did the court decide?

Deletion of the deceased petitioner's name from the title and impleadment of the applicant's name allowed; amendments permitted within two weeks.

Amisha Bhaven Shah (Applicant) Vs Bhaven Mahendra… — Succession and Inheritance | Bombay HC (2023)

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Digitally signed byMUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.02.22 15:55:02 +0530

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1 23-IA 366-23 in TPL 3465-20.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.366 OF 2023

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TESTAMENTARY PETITION (L) NO.3465 OF 2020

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Amisha Bhaven Shah … Applicant/Proposed Petitioner Mahendra Khetsey Shah alias Munvar alias Mahendra Shah … Deceased Bhaven Mahendra Shah … Petitioner (Since deceased) And Amisha Bhaven Shah … Proposed Petitioner

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Mr. Bhalchandra G. Saraf for the Applicant/proposed Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 20TH FEBRUARY 2023

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P.C. :

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The Interim Application has been filed seeking deletion of the

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name of the Petitioner and implead the name of the Applicant/proposed Petitioner in place and stead of the deceased Petitioner.

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Testamentary Petition (Lodging) No.3465 of 2020 has been filed

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for a Succession Certificate in respect of certain securities belonging to Mahendra Khetsey Shah alias Munvar alias Mahendra Shah (‘the deceased’).

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Mugdha

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1 of 2

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2 23-IA 366-23 in TPL 3465-20.doc

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The Petitioner in the said Petition, viz., Bhaven Mahendra Shah, has died on 12/12/2020 and thus the Applicant/proposed Petitioner has filed the present Interim Application seeking impleadment of her name in place and stead of the deceased Petitioner.

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I have heard learned Counsel appearing on behalf of the Applicant/proposed Petitioner and perused the Interim Application. I find that the Interim Application is in order and deserves to be allowed in the interest of justice. Accordingly, the Interim Application is allowed in terms of prayer clause (a), which reads as under :-

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“(a) That the applicant herein may be allowed to delete the name of the BHAVEN MAHENDRA SHAH from the title of the proceedings and the name of his legal heirs may be allowed to be incorporated herein and the amendment to the Petition may be allowed as per Exhibit-A of the present interim application”

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Amendments to be carried within a period of two weeks from

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today.

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The Interim Application is disposed of in terms of the above order.

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(ARIF S. DOCTOR, J.)

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Mugdha

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2 of 2

Amisha Bhaven Shah (Applicant) v. Bhaven Mahendra Shah (Petitioner Since Deceased) and Mahendra Khetsey Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Amisha Bhaven Shah (Applicant) v. Bhaven Mahendra Shah (Petitioner Since Deceased) and Mahendra Khetsey Shah (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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