Bombay High Court
Sasha Sanjiv SrivastavaversusSanjiv Mohan Srivastava
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the post‑grant amendment to include the newly discovered immovable properties.
Summary
The petitioner, Sasha Sanjiv Srivastava, filed an interim application seeking a post‑grant amendment to a previously issued grant in a testamentary petition. At the time of the original grant, only one immovable property was known, but subsequently two additional immovable properties were discovered. The petitioner’s counsel argued that the court should permit the amendment to reflect the newly discovered assets. The court, after hearing the counsel, exercised its inherent powers to allow the amendment and directed that a revised grant incorporating the additional properties be issued within four weeks. The interim application was therefore allowed and disposed of.
Issues considered
- What is the scope of the court’s power to amend a grant after it has been issued in a testamentary petition?
- Does the discovery of additional immovable properties after the grant justify a post‑grant amendment?
Subjects
- testamentary petition
- post‑grant amendment
- immovable property
- probate
- civil procedure
Judgment
34 IA 3156 OF 2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 3156 OF 2026
IN
TESTAMENTARY PETITION NO. 4385 OF 2024
Sasha Sanjiv Srivastava …Applicant/
Petitioner
Sanjiv Mohan Srivastava …Deceased
Ms. Saloni C. Sathe a/w. Mr. Tejas H. Bhatt Advocate for the
Applicant/Petitioner.
CORAM: ABHAY AHUJA, J.
DATED: 29th AUGUST 2026.
PC:-
1. This Interim Application seeks a post grant amendment.
2. Ms. Sathe appears for the Applicant and submits that at the
time of grant, the Petitioner had knowledge of only one immovable
property, however, later on, two more immovable properties were
discovered and that, therefore, this Court may permit the
amendment of the grant.
Digitally
signed by
RAJESHRI
RAJESHRI PRAKASH 3. Having heard the learned counsel and considered the
PRAKASH AHER
AHER Date:
2026.09.01
12:02:42
+0530 submissions, the Interim Application is allowed.
Page 1 of 2
Rajeshri Aher
34 IA 3156 OF 2026.DOC
4. Let the revised/amended grant in terms of the Schedule at
Exhibit-E to the Interim Application be issued within a period of
four weeks after submission of the original grant.
5. Interim Application accordingly stands allowed and disposed
of as above.
(ABHAY AHUJA, J.)
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Rajeshri Aher
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