Bombay High Court
Aura John Dsouza And Anr vs Kirit Navnitlal Damania @ Kirit N ... on 26 September, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
15. IAL.15304.22 in TP.1256.20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 15304 OF 2022
IN
TESTAMENTARY PETITION NO. 1256 OF 2020
Aura John D'Souza & Anr. ... Applicants/Petitioners
And
Kirit Navnitlal Damania
alias Kirit N. Damania ... Deceased
Mr. Nitin Thakar, Senior Advocate, Tejas Vora a/w D.R. Mishra for the
Applicants/Petitioners.
CORAM : R.I. CHAGLA, J.
DATED : 26th SEPTEMBER, 2022
ORDER :
1 The learned Senior Counsel for the Applicants/Original Petitioners has sought leave to amend Schedule-I which is annexed to the Interim Application which is proposed draft amendment in the Schedule of Assets of Probate as well as Schedule-I of Petition No.1256 of 2020 to add the corrected area of the subject flat which was shown as having area of 1500 sq. ft. and which should read as 1014 sq. ft. This is in terms of the valuation report of valuer M/s. Talib Associates. Leave is granted. Waghmare 1/4
15. IAL.15304.22 in TP.1256.20.doc Amendment shall be carried out forthwith. Re-verification is dispensed with.
2 By this Interim Application, the Applicants/Original Petitioners have sought leave to amend the schedule of the Probate Petition as well as probate in terms of draft amendment annexed as Schedule-I to the present Interim Application and consequential amendments to be carried out in both i.e. in Schedule-I of the Petition as well as Schedule to the probate, in respect of the valuation of the flat as well as area of the said flat.
3 The Applicants have stated that the probate was issued by this Court on 04.05.2021. At the time of filing of the Petition for probate, the Applicants were not aware of the actual value of the subject flat and hence in Schedule-I of the Petition, the value of the subject flat was inadvertently mentioned as Rs.12 crores. Consequently, the Applicants being the Executrices of the said Will of the deceased transferred the flat to the Trust after obtaining probate. The Trust obtained Valuation Report in order to ascertain the exact market value of the subject flat. The subject flat was valued by M/s. Talib Associates who furnished their Valuation Report dated 15.02.2022 valuing the subject flat at Rs.4.82 crores. Accordingly, the Trustees have requested the Applicants to get the Waghmare 2/4
15. IAL.15304.22 in TP.1256.20.doc necessary corrections done in valuation. The Applicants have stated that the deceased had left no heirs and/or next of kin in accordance with the provisions of the Hindu Succession Act, which was applicable to the deceased at the time of his death. Accordingly, the present Interim Application has been taken out for correction of the value of the subject flat as well as the area of the subject flat.
4 Considering the averments in the Interim Application as well as the corrections sought for by the draft amendment at schedule-I of the Interim Application which includes corrections of the market value of the subject flat as well as area of the subject flat, which came to light of the Applicants/Original Petitioners who are Executrices of the said Will of the deceased after probate was issued, the relief sought for in the Interim Application is required to be granted. Hence, the following order is passed :
i) Applicants/Original Petitioners are allowed to amend Schedule of Probate Petition in terms of the draft amendment at Schedule-I of the Interim Application.
ii) The amendment shall be carried out within a period of two weeks from the date of this order. Consequential amendments are permitted. Re-verification is dispensed with. Waghmare 3/4
15. IAL.15304.22 in TP.1256.20.doc
iii) Testamentary Registrar is directed to carry out necessary amendment in the schedule to the probate in terms of the amendment carried out in the schedule of Probate Petition within the period of one week from Applicants/Original Petitioners carrying out amendment to the schedule of the Probate Petition.
iv) Interim Application is accordingly disposed of in the above terms.
v) Office shall act on the above order. Digitally signed by WAISHALI SUSHIL WAISHALI WAGHMARE SUSHIL Date: (R.I. CHAGLA, J.) WAGHMARE 2022.09.30 14:42:25 +0530 Waghmare 4/4