We seek your opinion on the remedies available under the *Indian Succession Act, 1925*, based on the following facts:
*Brief Facts:*
1. *C* obtained Succession Certificates from the Bombay High Court in respect of shares/investments held in the names of:
* his mother *A*, and
* his brother *B*.
2. During his lifetime, *C* did not pursue transmission of those shares into his own name.
3. *C* subsequently passed away, leaving a Will:
* Executor: *D* (son-in-law)
* Beneficiary: *E* (daughter)
* The Will was duly probated by the Bombay High Court.
4. The Schedule of Assets annexed to the Probate included the shares/investments originally held in the names of *A* and *B*.
5. It has now been discovered that certain shares/investments were inadvertently *omitted*:
* from the Succession Certificates issued in respect of *A* and *B*, and
* consequently, from the Schedule of Assets annexed to the Probate of *C*.
*Issues for Opinion:*
1. Can *D*, as executor, seek amendment/rectification of the Probate to include the omitted assets?
2. Can *D* seek amendment/rectification or extension of the Succession Certificates originally obtained by *C* in respect of *A* and *B, despite **C* no longer being alive?
3. If such rectification of the Succession Certificates is permissible, can it be done *without impleading or involving other legal heirs of A and B*?
4. What alternative remedies (if any) are available to *D* or *E* to perfect title and enable transmission of the omitted assets, while avoiding involvement of other heirs?
Your views on the statutory position, judicial precedents, and practical procedural approach would be appreciated.
