Shashikant Jashbhai Patel vs Jashbhai Hirabhai Patel alias Jashbhai H Patel alias Jashbhai Patel — Bombay HC (2025) — LawSathi Research

Shashikant Jashbhai Patel vs Jashbhai Hirabhai Patel alias Jashbhai H Patel alias Jashbhai Patel — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed in terms of prayer clauses (a) to (d): delay in taking out the Interim Application condoned; Applicant permitted to delete Sr. No. 40 and 41 from the Schedule of the Petition and to include/incorporate the additional Shares/Securities by amending the Petition, to be incorporated in the Grant of Succession Certificate; Grant of Succession Certificate to be amended to include the said Shares/Securities; consequential amendments to be carried out; reverification dispensed with; leave granted to carry out the amendment forthwith.

Issue for consideration

Whether the Applicant should be permitted, post grant, to amend the Testamentary Petition by deleting Sr. No. 40 and 41 from the Schedule and including the additional Shares/Securities, and to amend the Grant of Succession Certificate accordingly, together with consequential amendments and condonation of any delay.

Court's answer

Having heard the learned Advocate and upon perusal of the documents, the Court found no impediment in allowing the Interim Application for post-grant amendment.

Ratio / Principle

The Application is allowed in terms of prayer clauses (a) to (d): delay condoned; Applicant permitted to delete Sr. No. 40 and 41 in the Schedule of the Petition and include the Shares/Securities by amending the Petition; the Grant of Succession Certificate to be amended to include the said Shares/Securities; consequential amendments to be carried out.

Key takeaways

Reverification is dispensed with.ratio¶27
Leave granted to the Applicant to carry out the amendment; the amendment is to be carried out forthwith.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Kamal Khata, J., 24 July 2025) — Interim Application No. 2393 of 2025 in Testamentary Petition No. 162 of 2016 — post-grant amendment. On receipt of a letter dated 1 October 2024 from Link Intime India Private Limited informing the Applicant/Petitioner that they were entitled to additional shares, the Applicant sought to amend the Petition by deleting Sr. No. 40 and 41 from the Schedule and incorporating the additional Shares/Securities, and to amend the Grant of Succession Certificate accordingly. Held: no impediment in allowing the application; application allowed in terms of prayer clauses (a) to (d) — delay condoned, Schedule amended, Grant of Succession Certificate amended to include the Shares/Securities, consequential amendments permitted; reverification dispensed with; leave granted to carry out the amendment forthwith. Order modified as per order dated 25 August 2025.

35-OSIA-2393-2025-MODIFIED.DOC

apn

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

INTERIM APPLICATION NO.2393 OF 2025

IN

TESTAMENTARY PETITION NO.162 OF 2016

Shashikant Jashbhai Patel

...Applicant/Petitioner

Jashbhai Hirabhai Patel alias

Jashbhai H. Patel alias Jashbhai Patel ...Deceased

Mr. Prabhu Velar, a/w Ms. Bhakti Patil, i/by Adv. Ahmad Md. Waquar, Adv. Ghazanfar Hussain and Mr. Anoop Sharma for the Applicant/Petitioner.

Digitally signed by ASHWINI H ASHWINI GAJAKOSH H GAJAKOSH Date:2025.08.25 14:29:39 +0530

P.C.:-

CORAM : Kamal Khata, J. DATED : 24^th July 2025.

The Interim Application is for post grant

amendment.

Learned Advocate for the Applicant points out the letter dated 1^st October, 2024 received from Link Intime India Private Limited which informed them that they

were entitled for additional shares. Therefore, the present Interim Application is filed.

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35-OSIA-2393-2025-MODIFIED.DOC

Having heard the learned Advocate and upon perusal of the documents, I find no impediment in allowing the present Application.

The Application is allowed in terms of prayer clauses (a) to (d) which read thus:

“(a) the delay in taking out present Interim Application if any, may be condoned;

(b)the Applicant may be permitted to delete the Sr. No.40 and 41 in Schedule of the Petition and to include/incorporate the aforesaid Shares/Securities in Schedule of the Petition by amending the Petition and thereafter the same may be incorporate in Grant of Succession Certificate;

(c)this Hon’ble Court may be pleased to amend the Grant of Succession Certificate granted to Applicant by including the said Shares/Securities in the Grant issued by this Hon’ble Court;

(d)to carry out the consequential amendments as require.”

5. Reverif i cation is dispensed with.

Learned Advocate further seeks leave to carry out amendment. Leave granted. Amendment to be carried out forthwith.

(Kamal Khata, J.)

Note: This order is modif i ed as per order dated 25^th August, 2025. The correction is shown in bold and italics.

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