Kirtan Deepak Shah v. Deepak Maneklal Shah (Deceased)
Case brief
What is this about?
Probate supplementary-assets application, Bombay High Court, OOCJ; Arif S. Doctor, J.; IA No. 918 of 2025 in TP No. 4032 of 2023; order dt. 29-04-2025; deceased testator Deepak Maneklal Shah; probate granted 20-06-2024; applicant Kirtan Deepak Shah; additional assets sought: covered car parking space No. 18, Purab Apartments, Walkeshwar Purab Cooperative Housing Society Ltd., 42 Ridge Road, B.G. Kher Marg, Malabar Hill, Mumbai 400 006, approx. 216 sq. ft., approx. Rs. 15 lakhs; input tax credit against GST No. 27 AAIPS2634QIZ0 of proprietorship Maneklal & Sons (Exports), approx. Rs. 6.80 lakhs; court direction to file affidavit disclosing basis of ownership claim and timing/manner of discovery; affidavit due 09-06-2025; matter adjourned/stood over to 09-06-2025; no statutes or precedent cases cited; counsel Sunil Chaturvedi and Anand Upadhyay for applicant.
What did the court decide?
The application was not decided on merits; the applicant was directed to file an affidavit setting out (i) the basis on which the additional assets are claimed to have belonged to the deceased at the time of his death and (ii) when and how the applicant became aware of them, on or before 9th June, 2025, and the matter was stood over to 9th June, 2025.