1 28-IA 3466-22 in TP 1339-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION NO.3466 OF 2022

IN

TESTAMENTARY PETITION NO.1339 OF 2019

Vijay Uttam Hingorani

… Deceased

Anmol Vijay Hingorani

… Applicant/Org. Petitioner

In the matter between

Anmol Vijay Hingorani

… Petitioner

-----

Ms. Meena Shah i/by Pandya & Company for the Applicant/Org. Petitioner.

-----

CORAM :

ARIF S. DOCTOR, J.

DATE :

06TH DECEMBER 2022

P.C. :

1.

The present Interim Application seeks an amendment to the

Schedule I annexed to the Testamentary Petition No.1339 of 2019, which was

for the Letter of Administration to the property and credits of one Vijay Uttam

Hingorani (‘the deceased’), who passed away on 28/12/2018. The Letters of

Administration to the properties and credits of the deceased came to be granted

by this Court on 22/02/2020.

Mugdha

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MUGDHA

M

PARANJAPE

Digitally

signed by

MUGDHA

M

PARANJAPE

Date:

2022.12.06

19:35:03

+0530

2 28-IA 3466-22 in TP 1339-19.doc

2.

It is stated in the Application that post the grant of Letters of

Administration when the Applicant approached Monica Co-operative Housing

Society Limited for transfer of share certificate in the name of the legal heirs of

the deceased, the Applicant realised that in Item No.1 of the Schedule, the

abovesaid two errors had inadvertently occurred, viz., the share of the deceased

was wrongly mentioned as 33% instead of 50% and the Flat number had been

inadvertently mentioned as Flat No.702, which is actually Flat No.701. A copy

of the share certificate issued by Monica Co-operative Housing Society Limited

in the name of the deceased and one Kavita Hingorani is annexed, which sets

out that the same is in respect of Flat No.701.

3.

I have heard learned Counsel appearing on behalf of the

Applicant and perused the Interim Application. The consent affidavits of the

other two legal heirs of the deceased are also on record. I am satisfied that the

amendment sought for ought to be allowed.

4.

The Interim Application is allowed in terms of prayer clause (a),

which reads as under :-

“a)

That the Hon’ble Court be pleased to amend the

Schedule I annexed to the Petition as per the Schedule

annexed herein;”

Mugdha

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3 28-IA 3466-22 in TP 1339-19.doc

5.

The Interim Application is accordingly disposed of. There shall be

no order as to costs.

(ARIF S. DOCTOR, J.)

Mugdha

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