917-TP-987-10.DOC Sharayu IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 987 OF 2010 Anup Rajendra Bhankharia …Petitioner Rajendra Mohanlal Bhankharia …Deceased Ms. Neeta Solanki, i/b Preeti Rathod, for the Petitioner. CORAM: G.S. PATEL, J DATED: 17th March 2015 PC:- 1. The Petitioner has obtained Letters of Administration to the property and credits of Rajendra Mohanlal Bhankharia. Thereafter, consent was obtained from all the heirs. Thereafter, the Petitioner has filed an Affidavit dated 15th September 2014. In this, the Petitioner seeks to amend Schedule - I to the Petition, Item No. 2. According to the Petitioner, the share of the deceased in the property being a land and building known as 40, Upendra Building, Sewri Wadala Road, King Circle, Mumbai – 400 019 is not a 1/6th share, but is a 1/7th share. The result is that there are several consequential changes in amounts in the schedule to the Petition. 1 of 2 917-TP-987-10.DOC 2. No consent of the heirs to this proposed change has been obtained. I do not think that it is possible to allow such an amendment which reduces the share of the deceased in a valuable immovable property at this stage and in this fashion without notice. It may be true that the Property Card shown to me by Learned Advocate for the Petitioner does show the share of the deceased as 1/7th in this property. Prima facie it also appears that the mention of the share as 1/6th is a typographical error, because for all other property that is in fact the share of the deceased and this fraction of 1/6th appears to have been copied into the schedule against the deceased’s share in the immovable property as well. 3. Nonetheless, the Petitioner must at least give notice of the proposed Application. Learned Advocate for the Petitioner undertakes to do so. That Notice must specifically state that if any of the heirs have an objection to this proposed amendment, they must file an Affidavit to that effect in this Court on or before 27th April 2015. The Petitioner’s Advocate states that this notice will be issued on or before 23rd March 2015, so as to give the heirs of the deceased’s sufficient time to respond. 4. List the Petition on 30th April 2015. (G. S. PATEL, J.) 2 of 2