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2026 DAILYLAW 5348 (BOM)

HIMANSHU BANSILAL VAIDYA v. SURESH MOHANLAL TAKIA

IA/2692/2026 · 2026-08-31

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Judgment text

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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 IN TESTAMENTARY PETITION NO. 1594 OF 2016 Himanshu Bansilal Vaidya … Petitioner Vs. Suresh Mohanlal Takia … Respondent _______ Mr. Sahim D. Ansari for Petitioner. _______ CORAM : ARIF S. DOCTOR, J. DATE : 31 st 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 SAIRAJ SANJAY KARANDE Digitally signed by SAIRAJ SANJAY KARANDE Date: 2026.09.01 10:43:54 +0530 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 3 rd August, 2026. 4. On 3 rd 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