Bombay High Court
AMITA ANIL SARDESAIversusJyoti Vijay Kale
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the amendment of Schedule‑I of the testamentary petition to include the omitted assets.
Summary
The applicant, Amita Anil Sardesai, filed an interim application seeking to amend the schedule of the Letters of Administration previously granted by the Bombay High Court on 27 December 2022 in respect of the estate of the deceased Jyoti Vijay Kale. The applicant discovered that the original schedule omitted a LIC policy and certain bank account details that were in the name of the deceased. Counsel argued that without inclusion of these assets, the grant would be ineffective. The court examined the amendment schedule (Exhibit‑A) and, finding it necessary to give effect to the original grant and to serve justice, permitted the amendment. Consequently, the court ordered that Schedule‑I of the testamentary petition be amended as per the annexed schedule and any consequential changes be made, and disposed of the interim application.
Issues considered
- Whether the schedule of a grant of Letters of Administration may be amended after the grant has been issued to include omitted assets.
Subjects
- Letters of Administration
- Amendment
- Testamentary jurisdiction
- Interim application
- Estate assets
- Schedule amendment
- Probate
Judgment
1/2 41-IA-3153-2026 (OS).DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.02
10:22:28
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 3153 OF 2026
IN
TESTAMENTARY PETITION NO. 1275 OF 2019
Amita Anil Sardesai ...Applicant
Versus
Jyoti Vijay Kale ...Respondent
_______
Ms. Pushpa Thapa i/b Darshana Pawar, for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 31st AUGUST, 2026
P.C.
1. This Interim Application seeks an amendment to the grant of Letters of
Administration in respect of the properties and credits of one Jyoti Vijay Kale,
which this Court granted by a detailed order dated 27 th December 2022.
2. Learned counsel for the Applicant points out that after the issuance of the
grant, the Applicant became aware that the schedule appended to the grant
inadvertently omitted to include therein LIC Policy No. 904880763 as also the
account statement of Folio No.40486697223 and DPID No.
IN300B2911596675. She points out that all these stood in the name of the
deceased. It is for this reason that learned counsel seeks an amendment to the
schedule appended to the Petition for Letters of Administration. She submits that
failing which, the grant already issued by this Court would remain ineffective.
Vaibhav
2/2 41-IA-3153-2026 (OS).DOC
3. Having heard learned counsel and having perused Exhibit-A i.e., the
schedule of amendment, I am satisfied that this Interim Application would have
to be allowed in the interest of justice and in order to give effect to the grant
already issued. Hence, the Interim Application is allowed in terms of prayer
clause (a), which reads thus:
"a) This Hon'ble Court be pleased to allow amendment in Schedule-I of
the Testamentary Petition No. 1275 of 2019 as per the schedule of amendment
annexed hereto and marked as Exhibit- A and further allow any consequential
amendments in the above Petition;"
4. The Interim Application is accordingly disposed of.
[ARIF S. DOCTOR, J.]
Vaibhav
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