Bombay High CourtTP/5818/2024grant issued

Naresh Jagjivandas Pithwa Alias Naresh Jigjivandas Pithava v. Vithaldas Jassabhai Pihava Alias Vithaldas Jassabhai Pithava (Deceased No. 1)

2025-04-28Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28th April, 2025 CALLED FOR COMPLIANCE :

TP/5818/2024 (E-filing) Mr. Ajit S. Hodage, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to both the deceased filed by petitioner namely Naresh Jagjivandas Pithwa being grandson of deceased No. 1 and brother of deceased No. 2. Deceased No. 1 namely Vithaldas Jassabhai Pithva died intestate at Mumbai on 12.12.1979. Copy of death certificate is annexed to the petition. Deceased No. 2 namely Bhart Bhai Jagjivandas Pithva died intestate at Virar, Thane on 29.04.2014. Copy of death certificate is annexed to the petition. Petitioner has filed Joint Affidavit dated 05.06.2024 for dispensation of identification proof of deceased Nos. 1 and 2. The same is accepted.

2. Ld. Advocate for petitioner submits that deceased Nos. 1 is grandfather of deceased No. 2. Petitioner is grandson of deceased No. 1 and brother of deceased No. 2. Wife of deceased No. 1 died on 24.12.1992. Deceased No.1 had one son namely Jagjivandas who died on 19.01.2011, leaving behind two sons. Out of these two sons, the son namely Bharatkumar died and he is deceased No. 2 herein. Another son namely Naresh is petitioner herein. Wife of deceased No. 2 died on 18.07.2022, leaving behind no children. Therefore, petitioner is sole surviving legal heir of both the deceased. There are no other legal heirs.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice 07.01.2025. Since, petitioner is sole surviving legal heir of both the deceased, Administration Bond is not required to file. Delay is explained and the same is condoned. The properties mentioned in the Schedule is owned by both the deceased jointly as per Exhibit - "I" to the petition. 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. 28.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG