Application for post-grant amendment of Letters of Administration to correct an immovable property's description as HUF property despite the deceased's 1/5th share, and to include omitted SRF Limited equity shares in the Schedule of Assets, the original grant having been misplaced. Supported by affidavits and documentary proof.
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26-ia-1886-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO.1886 OF 2024 IN TESTAMENTARY PETITION NO.224 OF 2008
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.10.03 18:27:39 +0530
Henilata Kulinkani Kenia ...Petitioner vs. Kulinkani Jadavji Kenia ...Respondent
Mr. Sameer Logde a/w. Mr. Shirish Mathkar, for the Petitioner
CORAM : N. J. JAMADAR, J. DATE : OCTOBER 01, 2024
P.C.:
Vishal Parekar
...1
26-ia-1886-2024.doc
Administration dated 19th July, 2010 have inadvertently been misplaced by the applicant. The applicant could not locate the original grant despite diligent efforts. The applicant be thus permitted to amend the Letters of Administration on the basis of draft Letters of Administration available in the record and proceedings.
Vishal Parekar
...2
26-ia-1886-2024.doc
Hence, the following order.
ORDER
1] The application stands allowed.
2] The petitioner/ applicant is permitted to amend the petition so as to amend the Schedule of Assets in accordance of Schedule of Amendment (Exhibit B) to the application.
3] Necessary amendment be carried out in the certified copy of the Letters of Administration.
4] Post amendment, grant expedited.
(N. J. JAMADAR, J.)
Vishal Parekar
...3
1 issue framed by the court
Whether the Letters of Administration could be amended post-grant to correct the description of a property and add omitted shares and assets to the Schedule of Assets.
Henilata Kulinkani Kenia
Kulinkani Jadavji Kenia
N. J. Jamadar
As recorded by the court registry
3 orders share this CNR
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