Bombay High CourtTP/1229/2024grant issued

Jagdish Vasanji Gala v. Pradip Vasanji Gala

2025-05-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th May, 2025 CALLED FOR COMPLIANCE :

TP/1229/2024 (E-filing) Ms. Swati Mathkar i/b. Manish N. Bijutkar, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts and securities belonging to both the deceased filed by petitioner namely Jagdish Vasanji Gala being brother deceased No. 1 and brother-in-law of deceased No. 2 of deceased. Deceased No. 1 namely Pradip Vasanji Gala died intestate (in respect of properties mentioned in the schedule annexed to the petition) at Mumbai on 06.12.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is already annexed to the petition.

Deceased No. 2 namely Pravina Pradip Gala died intestate at Gujarat on 02.05.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is already annexed to the petition.

2. Ld. Advocate for petitioner submits that parents of deceased No. 1 predeceased the deceased. Both the deceased are husband and wife. Both the deceased was survived by one son namely Bhavik Pradip Gala and he has taken DIKSHA (Renounced the world) and document viz. Certificate issued by Shri Luni Aath Koti Nani Paksh Sthanakwashi Jain Sangh dated 07.05.2024 is annexed to the praecipe dated 21.06.2024 and the same is filed on 18.07.2024. Therefore, he is excluded from inheritance. It is generally operates as civil death and this has been considered in para No. 6 of order dated 09.04.2025 in TP No. 4807 of 2024. Hence, petitioner is only surviving legal heirs who is brother of deceased No. 1 and brother-in-law of deceased No. 2. There are no other legal heirs.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 17.01.2025 is filed. Administration Bond is not required as the petitioner is only surviving legal heir of both the deceased. All other legal formalities are complied with. Hence, petition is granted.

4. Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. 05.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG