Bombay High Court
HIMANSHU BANSILAL VAIDYAversusSURESH MOHANLAL TAKIA
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the post‑grant amendment to the schedule of assets.
Summary
The petitioner sought a post‑grant amendment to the schedule of assets in a probate petition concerning the will of the deceased Suresh Mohanlal Takia. The original probate was granted on 13 July 2017. In June 2025, the family discovered additional shares owned by the deceased that were omitted from the original schedule. The court initially required the petitioner to provide supporting material for the amendment. On 3 August 2026, the petitioner submitted a detailed list of the shares, and the court, after reviewing the submission, found the amendment justified and ordered it allowed, directing that the changes be effected within two weeks.
Issues considered
- Whether a post‑grant amendment to the schedule of assets in a probate petition can be permitted when the applicant provides the requisite details and evidence.
Subjects
- probate
- testamentary petition
- post‑grant amendment
- schedule of assets
- shares
- court order
Judgment
1/3 8 IA-2692-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 2692 OF 2026
Digitally
signed by
IN
SAIRAJ
SAIRAJ
SANJAY
SANJAY
KARANDE TESTAMENTARY PETITION NO. 1594 OF 2016
KARANDE Date:
2026.09.01
10:43:54
+0530
Himanshu Bansilal Vaidya … Petitioner
Vs.
Suresh Mohanlal Takia … Respondent
_______
Mr. Sahim D. Ansari for Petitioner.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 31st AUGUST 2026.
P.C.
1. This application seeks amendment to the schedule of assets appended to
the captioned Testamentary Petition, which was filed for probate of the last Will
and Testament of one Mr. Suresh Mohanlal Takia.
2. This Court vide an order dated 13 th July, 2017 granted Applicant the
probate in respect of the Will of Mr. Suresh Mohanlal Takia.
3. Learned counsel points out that the present application is being
necessitated on account of the fact that in the month of June, 2025, family
members of the deceased found certain new shares, which were standing in the
Sairaj
2/3 8 IA-2692-2026.DOC
name of the deceased at the time of his death and which were not mentioned in
the schedule appended to the Testamentary Petition since on that day, these
shares were not within the knowledge of the Applicant. This Court had on 27 th
July, 2026 noted as follows :
“1. This is an application for a post-grant amendment.
2. Upon perusal of the Interim Application, I find that
although the Schedule of Amendment includes several
shares which are stated to have stood in the name of the
deceased at the time of her death, no material in support
of this assertion has been annexed to the Interim
Application. The value of these shares is substantial.
3. Upon an order being passed by this Court, the
Applicant would become entitled to apply for the transfer
of the said shares. Therefore, before proceeding further, it
is necessary for the Applicant to place on record the
material on the basis of which Exhibit "C" has been filed.
4. Stand over to 3rd August, 2026.
4. On 3rd August, 2026, the matter was stood over to today.
5. Learned counsel for the Applicant has today tendered a list of details of
shares along with schedule of amendment in which all the necessary details
pertaining to the ownership of the said shares is setforth.
6. Having heard learned counsel for the Applicant and having perused the
Interim Application and list of details of shares, I am satisfied that the
application for post-grant amendment deserves to be allowed.
Sairaj
3/3 8 IA-2692-2026.DOC
7. The same is accordingly, allowed in terms of prayer clause (a),
8. Amendments to be carried out within period of two weeks from today.
(ARIF S. DOCTOR, J.)
Sairaj
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