Disposed¶20

Rajendra Motilal Jain v. Deviben Champaklal Mehta (Deceased)

Bombay HC4 Mar 2025IA/145/2025

Case brief

AI extract

What is this about?

Correction/rectification of property description in a probate grant; amendment of schedule per Exhibit B; directions to the Testamentary Registrar to collect the original grant and issue a corrected and rectified grant; reverification dispensed with; Deviben Champaklal Mehta; Rajendra Motilal Jain; Bombay High Court testamentary and intestate jurisdiction; Arif S. Doctor; 4 March 2025.

What did the court decide?

Interim Application allowed in terms of prayer clauses (a) and (b) — amendments as shown in the Schedule annexed as Exhibit B, and necessary directions to the Hon’ble Testamentary Registrar to collect the Original Grant and issue a corrected and rectified Grant; amendments to be carried out on or before 18th March, 2025; reverification dispensed with. ¶20

Rajendra Motilal Jain vs Deviben Champaklal Mehta (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether sufficient cause exists to amend the description of the property in the schedule to the probate grant and to direct issuance of a corrected and rectified Grant.

¶11

Court's answer

Sufficient cause was found to allow the Interim Application seeking correction of the description of the property in the Will/grant.

¶16

Ratio / Principle

Interim Application allowed in terms of prayer clauses (a) and (b): amendments as shown in the Schedule annexed as Exhibit B, and necessary directions to the Hon’ble Testamentary Registrar to collect the Original Grant and issue a corrected and rectified Grant.

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Key takeaways

Amendments to be carried out on or before 18th March, 2025.ratio¶19
Reverification dispensed with.ratio¶20-21

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Arif S. Doctor, J.), 4 March 2025 — Interim Application No. 145 of 2025 in Testamentary Petition No. 3104 of 2023. Probate in respect of the last Will and Testament of Deviben Champaklal Mehta (deceased) had been granted, vide order dated 25th September, 2004 (as recorded in the order), to Rajendra Motilal Jain. After issuance of the grant, the Applicant found the description of the property in the schedule to be incorrect; paragraph 3 of the Will contained the correct description. Finding sufficient cause, the Court allowed the Interim Application in terms of prayer clauses (a) and (b): (i) amendments as shown in the Schedule annexed as Exhibit B; and (ii) necessary directions to the Hon’ble Testamentary Registrar to collect the Original Grant and issue a corrected and rectified Grant. Amendments to be carried out on or before 18th March, 2025; reverification dispensed with; Interim Application disposed of.

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Digitally signed by MULEY MULEY SHUBHAMPRAVINRAO SHUBHAM PRAVINRAO Date:2025.03.04 17:47:57 +0530

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1 14-IA-145-2025.doc

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

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INTERIM APPLICATION NO. 145 OF 2025

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TESTAMENTARY PETITION NO. 3104 OF 2023

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Rajendra Motilal Jain	...Applicant
In the matter between
Deviben Champaklal Mehta And	...Deceased
Rajendra Motilal Jain	...Petitioner

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Adv. Kunjan Makwana a/w Labdhi Parekh i/by Makwana and Associates for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 4TH MARCH, 2025

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P.C.:-

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This Court had, vide an order dated 25th September, 2004, granted to the Applicant probate in respect of the last Will and Testament of Deviben Champaklal Mehta (the deceased). Learned Counsel points out that after the issuance of the grant, the Applicant became aware of description of the property mentioned in the schedule was incorrect. Learned Counsel invites my attention to paragraph 3 of the said Will, which sets out the correct description. It is thus to correct the description of the property the present Interim Application has been filed.

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Shubham

2 14-IA-145-2025.doc

After having heard Learned Counsel and perused the description of

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the said property in the Will, I find that sufficient cause to allow the present Interim Application has been made. Hence, Interim Application is allowed in terms of prayer clause (a) and (b) which read thus:

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“a. this Hon’ble Court be pleased to allow the amendments as shown in the Schedule annexed hereto as Exhibit B;

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b. this Hon’ble Court be pleased to issue necessary directions to the Hon’ble Testamentary Registrar to collect the Original Grant from the Applicant/Petitioner and issue a corrected and rectified Grant in the captioned Testamentary Petition;”

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Amendments to be carried out on or before 18th March, 2025.

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Interim Application is accordingly disposed of. Reverification is

dispensed with.

(ARIF S. DOCTOR, J.)

2/2

Shubham

Rajendra Motilal Jain v. Deviben Champaklal Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

Rajendra Motilal Jain v. Deviben Champaklal Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

Parties & counsel

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