Bombay High Court
Cyrus Jamshed GuzderversusShirin Jamshed Guzder
- Decided
- Disposal
- DISPOSED OFF
Holding
A post‑grant amendment to the probate schedule may be allowed to give full effect to the original grant.
Summary
The applicants, Cyrus Jamshed Guzder & Ors., filed an interim application seeking a post‑grant amendment to the probate order dated 15 October 2020. After the grant, they discovered that the deceased, Shirin Jamshed Guzder, owned additional shares not listed in the original Schedule of Assets. A communication from AFN Technology dated 21 April 2026 disclosed the existence of those shares. The applicants, through counsel Ms. Jyoti Badgujar i/b Lakdawala & Co., requested that the court amend Schedule I to include the newly identified shares. Justice Arif S. Doctor, after hearing counsel, held that the amendment should be allowed to give full effect to the probate grant. The interim application was therefore allowed, with the amendment to be made forthwith and reverification dispensed with.
Issues considered
- Whether a post‑grant amendment to a probate order can be permitted to incorporate assets discovered after the grant.
Subjects
- probate
- post‑grant amendment
- interim application
- schedule of assets
- succession law
Judgment
1/2 25-IA-5487-2026 (OS).DOC
Digitally
signed by
MOHAMMAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD AREEB
AREEB MOHD
MOHD
AKBAR
AKBAR
Date:
TESTAMENTARY AND INTESTATE JURISDICTION
2026.10.07
10:20:29
+0530
INTERIM APPLICATION NO. 5487 OF 2026
IN
TESTAMENTARY PETITION NO. 387 OF 2020
Cyrus Jamshed Guzder & Ors. ...Applicants
Versus
Shirin Jamshed Guzder ...Respondent
_______
Ms. Jyoti Badgujar i/b Lakdawala & Co. for Petitioners.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 5th OCTOBER, 2026
P.C.
1. By this Interim Application, the Applicants seek a post-grant amendment
to the probate granted by this Court to the Applicants vide an Order dated 15 th
October, 2020.
2. Learned Counsel for the Applicants points out that it was only after
issuance of the grant that the Applicants became aware that the deceased, i.e.
Shirin Jamshed Guzder, had certain other shares standing in her name.
3. Learned Counsel has invited my attention to a communication dated 21 st
April, 2026 issued by AFN Technology to the Applicants, which sets this out. The
present Interim Application has been filed to enable the Applicants to include
the said shares in the Schedule of Assets.
Areeb
2/2 25-IA-5487-2026 (OS).DOC
4. Having heard learned Counsel for the Applicants and having perused the
Interim Application, I am satisfied that the present amendment ought to be
allowed in order to give full and complete effect to the grant of probate already
issued by this Court.
5. Hence, the Interim Application is allowed in terms of prayer clause (a),
which reads thus:
“a. That the Hon’ble Court be pleased to allow an amendment to Schedule I
of the Petition in accordance with the Draft Schedule of Amendment
annexed thereto and marked as Exhibit “B” ofInterim Application along
with consequential amendments thereto.”
6. Amendments to be carried out forthwith. Reverification is dispensed with.
[ARIF S. DOCTOR, J.]
Areeb
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