Bombay High Court
SWEET ARUNKUMAR MEHTAversusARUN JAYANTILAL MEHTA ALIA ARUNKUMAR JAYANTILAL MEHTA
- Decided
- Disposal
- DISPOSED OFF
- Bench
- SHARMILA U DESHMUKH
Holding
The Court held that a post‑grant amendment to the succession certificate is permissible where no impediment exists, and re‑verification may be dispensed with.
Summary
The petitioner, Sweet Arunkumar Mehta, filed an interim application seeking a post‑grant amendment to a succession certificate dated 24 July 2019 that had been issued in respect of the securities of the deceased, Arun Jayantilal Mehta. The petitioner discovered that certain shares of the deceased were not known at the time of the original grant and therefore were omitted from the schedule of assets. The application specifically pleaded that these shares could not have been included earlier because they were unknown to the petitioner. The Court examined whether such an amendment could be permitted after the certificate had been granted and whether any procedural impediment, such as a requirement for re‑verification, existed. Finding no legal obstacle, the Court allowed the amendment, dispensed with re‑verification, and ordered that the schedule be amended within four weeks, with an expedited post‑amendment grant. Consequently, the interim application was allowed.
Issues considered
- Whether a succession certificate may be amended after grant to incorporate assets that were not known at the time of issuance.
- Whether re‑verification of the assets is required for such a post‑grant amendment.
Subjects
- succession certificate
- post‑grant amendment
- schedule of assets
- re‑verification dispensed
- testamentary jurisdiction
- probate
Judgment
2026:BHC-OS:8674
903 IA-657-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 657 OF 2026
IN
TESTAMENTARY PETITION NO. 2906 OF 2018
Sweet Arunkumar Mehta ...Applicant
And
Arun Jayantilal Mehta alias Arunkumar Jayantilal
Mehta ...Deceased
——————
Ms. Asha i/b Actus Juris for Petitioner.
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : 8th APRIL, 2026
P. C. :
1. This is an application seeking post-grant amendment to the
Succession Certificate granted on 24th July, 2019 in respect of
securities belonging to deceased-Arun Jayantilal Mehta.
2. The Applicant submits that subsequent to the issue of grant,
there were certain shares which came to the knowledge and hence, the
present application has been moved for amendment to the schedule of
assets to the Testamentary Petition.
3. It is a specific pleading that certain shares of the deceased were
not within the knowledge of Applicant and hence, could not be
Sairaj 1 of 2
903 IA-657-2026.doc
included in the schedule of assets of the Testamentary Petition.
4. Considering the nature of amendment, there is no impediment in
allowing the same.
5. Resultantly, Interim Application is allowed.
6. The Applicant is permitted to amend the schedule as per the
proposed amendments within the period of four weeks from today. Re-
verification is dispensed with.
7. Post-amendment grant expedited.
[SHARMILA U. DESHMUKH, J.]
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