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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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