Debangsu Basak, J.:— The Court: This is an application for amendment of the affidavit of assets filed in the probate proceedings. Learned Senior Counsel for the petitioner submits that one Bhavit Bole had lodged a caveat claiming interest in respect of a flat at the 1st Floor, Premises No. 36A, Dr. Rajendra Road, Kolkata - 700 020. He submits that, such flat is now being deleted from the affidavit of assets. In view of such deletion, such person should not have any further grievance with regard to the grant of probate.
2. Learned Advocate appearing for Bhavit Bole submits that, in the event the prayer for amendment as sought for by the petitioner is allowed, she has instructions to withdraw the challenge to the probate proceedings on behalf of Bhavit Bole.
3. The application is for amendment. The propounder seeks to have the affidavit of assets of the deceased amended as shown in red ink in the copy of the affidavit of assets annexed to the application. The flat in respect of which Bhavit Bole is concerned is shown to be deleted in the proposed amendments to the affidavit of assets. The proposed amendments seek to show the estate of the deceased at the time of death.
4. In such circumstances, the amendments as sought for by the propounder is allowed. The propounder also seeks to include another property through the proposed amendment. The same is also allowed.
5. In view of the amendments being allowed, the caveat lodged by Bhavit Bole stands discharged in accordance with the submissions made on behalf of Bhavit Bole in Court today.
6. One of the beneficiaries who had given consent to the grant of probate seeks to withdraw such consent on the ground that the propounder has applied for amendment of the affidavit of assets. Such beneficiary has not lodged any caveat.
7. GA No. 1130 of 2017 is disposed of. The Department will carry out the amendments within four weeks from date. List the probate proceedings in the Monthly List of May, 2017.
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