IN THE COURT OF THE CIVIL JUDGE (S.D.

THANE AT THANE

MISCELLANEOUS APPLICATION NO. ___________

1. Mrs. Pravashi Hitesh Shah )

Age about 48 years, Indian Inhabitant )

Having address at – A – 19, Arihant Society, )

Opp. Damodarwadi Ashok Nagar, )

Jalawad Nagar, Kandivali (east), Mumbai )

2. Nitin Jayntilal Jhaveri )

Age about 65 years, Indian Inhabitant )

Having address at – Chandanbala, )

Aperatment, devbaag, aandabavano chaklo, )

Jamnagar, Jamnagar, Gujarat, 361001 )… Applicant

APPLICATION FOR HEIRSHIP

CERTIFICATE UNDER BOMBAY

REGULATION ACT VIII OF 1827.

MAY IT PLEASE YOUR HONOUR,

1. That the Applicants state that Smt. Jayshree Kishor Shah was marred

to Shri Kishor Jayantilal Shah. They jointly owned flat property

bearing Flat no. 302, admeasuring about 280 sq.fts. carpet area

equivalent to 26.02 sq.mtrs. carpet area, on the third floor, in the

building of the society known as “Girdhar Nagar” Co-Operative

Housing Society Limited, Ambaji Street, J.H.Poddar Road, Bhayander

(west), Taluka & District Thane, 401 101 (hereinafter referred to as

 “the said flat” and registered holder of Five (5) shares from 276 to 280

of Rs. 250 (Rupees Two fifty only bearing share certificate No. 06.

2. The Applicants state that Smt. Jayshree Kishor Shah is their sister and

Shri Kishor Jayantilal Shah is husband of Smt. Jayshree Kishor Shah

and brother-in-law of the Applicant. Shri Kishor Jayantilal Shah

expired on 17/08/2010. Smt. Jayshree Kishor Shah expired on

23/01/2016. Shri Kishor Jayantilal Shah and Smt. Jayshree Kishor

Shah had no child from their marriage. The said i.e. Flat no. 302,

admeasuring about 280 sq.fts. carpet area equivalent to 26.02 sq.mtrs.

carpet area, on the third floor, in the building of the society known as

“Girdhar Nagar” Co-Operative Housing Society Limited, Ambaji

Street, J.H.Poddar Road, Bhayander (west), Taluka & District Thane,

401 101 was self - acquired property of Smt. Jayshree Kishor Shah

which is standing in joint name with Shri Kishor Jayantilal Shah.

3. That, Shri Kishor Jayantilal Shah and Smt. Jayshree Kishor Shah were

bona-fide member of `the society having certificate No. 6, holding five

shares of Rupees fifty (each numbered 276 to 280 (inclusive). The copy

of the share certificate is annexed herewith marked as “Exh. C”.

4. That, After demise of Shri Kishor Jayantilal Shah, being only surviving

legal heir of Shri Kishor Jayantilal Shah, Smt. Jayshree Kishor Shah

inherited 50% share and interest of Shri Kishor Jayantilal Shah in said

flat.

5. The Applicants submit that Smt. Jayshree Kishor Shah expired on

23/01/2016. She had no child from the marriage and her husband was

already expired long back. Therefore, as per Hindu succession act, the
 Applicants being brother & sister of the deceased Smt. Jayshree Kishor

Shah became entitle to acquire rights of her deceased sister in said flat.

6. Besides the applicant, there are no other successors, legal

representative of the deceased. The Applicant states that the

applicants are only surviving legal heir of the deceased brother.

7. The Applicants submits that the property is situated at Flat no. 302,

admeasuring about 280 sq.fts. carpet area equivalent to 26.02 sq.mtrs.

carpet area, on the third floor, in the building of the society known as

“Girdhar Nagar” Co-Operative Housing Society Limited, Ambaji

Street, J.H.Poddar Road, Bhayander (west), Taluka & District Thane,

401 101. Hence, this court has pecuniary and Territorial jurisdiction to

grant them heirship certificate.

8. The Applicants have declared that the total value of the Schedule

mention property is approximately Rs. 10,00,000/- and the Applicants

Undertake to pay the Court fees which will be payable and / or is

directed by this Hon’ble Court, the same shall be paid by the

Applicant.

9. The Applicant has not filed any other proceedings and/ or any

Application in respect of the said property and/or any of part thereof

in neither any Court nor any proceedings in respect of the said

property is pending in any Court or before any authority for obtaining

Heirship Certificate.

10. The Applicants submits that the property is situated at Flat no. 302,

admeasuring about 280 sq.fts. carpet area equivalent to 26.02 sq.mtrs.

carpet area, on the third floor, in the building of the society known as

“Girdhar Nagar” Co-Operative Housing Society Limited, Ambaji

 Street, J.H.Poddar Road, Bhayander (west), Taluka & District Thane,

401 101 which is within the territorial jurisdiction of this Hon’ble court

and therefore this Hon’ble court has jurisdiction to entertain, try and

dispose of the present Application.

11. The present Application is not barred by the law of Limitations, since

brother of the applicant was unfortunately expired on 23/01/2016.

Hence, this Application is well within Limitation. The Applicants

crave leave of this Hon’ble court to amend, alter and/or modify the

present Application as and when found necessary.

12. That there is no impediment under section 370 of the idian Succession

Act, or under any other provision of the said act, ot any other

enactment to the grant of the heirship certificate or the validity

thereof. If it were granted.

13. That no application has been made to any other court of law for

probate of any will of the said deceased or for letter of administration

with or without the will.

14. That no application for grant of heirship certificate in respect of any

estate of the said deceased has been made to any other court of law.

15. The Applicants has paid the requisite court fee of Rs. 50/- on this

Application.

SCHEDULE OF THE PROPERTY

All that piece and parcel of Flat no. 302, admeasuring about 280

sq.fts. carpet area equivalent to 26.02 sq.mtrs. carpet area, on the third

floor, in the building of the society known as “Girdhar Nagar” Co-

Operative Housing Society Limited, Ambaji Street, J.H.Poddar Road,

Bhayander (west), Taluka & District Thane, 401 101”

16. The Applicants therefore prays that,

a) The present Application may kindly be allowed;

b) The Heir Ship Certificate may kindly be granted in favour of

the Applicant as per Provisions of Bombay Regulation Act

VIII of 1827.

c) Any other and proper order may kindly be passed in favour

of the Applicants in the interest of justice;

Place – Thane 1.

Date - 2.

Applicants
 VERIFICATION

I, Mr. Pankaj Prabhudas Timbadia through one of the constituted attorney

holder Chandni Hitesh Doshi, Age - __ years, R/at - 303, Balaji Niwas,

Lokmanyanagar, Kacheri Road, Palghar (w), Dist. Palghar the above said

Applicant do state on solemn affirmation that, whatever stated hereinabove

is true and correct to the best of my knowledge, belief and information.

Place – Thane

Date - Applicant

Advocate for Applicant

IN THE COURT OF THE CIVIL JUDGE (S.D.) THANE

AT THANE

MISCELLANEOUS APPLICATION NO. / 2019.

Mr. Pankaj Prabhudas Timbadia

Through Power of attorney holders

1. Chandni Hitesh Doshi

2. Dhawal J. Mehtalia … Applicant

MEMO OF ADDRESS

Mr. Pankaj Prabhudas Timbadia

Age – 53 years, Occupation – Retired

R/at – 103, Building No. D – 23,

Sector – 7, Shanti Nagar,

Mira Road (East), , Dist. Thane … Applicant

Place – Thane 1.

Date - 2.

Applicant

Advocate for Applicants

I am / We are not a member of the Welfare Fund. Therefore Stamp of Rs. 2 is

/ are / not affixed herewith. N. B. Strike out which is not applicable.

Advocate signature

IN THE COURT OF THE CIVIL JUDGE (S.D.) THANE

 AT THANE

MISCELLANEOUS APPLICATION NO. / 2019.

Mr. Pankaj Prabhudas Timbadia

Through Power of attorney holders

1. Chandni Hitesh Doshi

2. Dhawal J. Mehtalia … Applicant

I/we hereby appoint Adv. Hiren P. Mehta, Advocates High Court Bombay,

to act, appear and plead for me/us in the above matter.

In witness where of I/ We have set my /our hand/s to this writing

Dated this day of 20

Accepted :

Signature Plaintiff/ Defendants

Petitioner/ Respondent
Advocate

Office at –

H.P. Mehta & Associates

Office At – Shop No. 3, Sai Prem Building,

60 feet Road, Near Amar Dairy,

Bhayander w), Dist. Thane

7208639060

IN THE COURT OF THE CIVIL JUDGE (S.D.) THANE

AT THANE

MISCELLANEOUS APPLICATION NO. / 2019.

Mr. Pankaj Prabhudas Timbadia

Through Power of attorney holders

1. Chandni Hitesh Doshi

2. Dhawal J. Mehtalia …Applicant

AFFIDAVIT OF THE APPLICANT IN SUPPORT OF HER

APPLICATION

I, Mr. Pankaj Prabhudas Timbadia through one of the constituted

attorney holder Chandni Hitesh Doshi, Age - __ years, R/at - 303, Balaji

Niwas, Lokmanyanagar, Kacheri Road, Palghar (w), Dist. Palghar do

hereby declare and state on solemn affirmation as under :-

1) I say that I have filed the said Application for the obtaining Heir

ship certificate mentioned hereinabove.

 2) I say that in order to avoid repetition of the contents made in the

said suit, herein, in this Affidavit, I hereby repeat, reiterate and

confirm the contents made in my suit, and pray to this Hon'ble

Court to read the same as part and parcel of this Affidavit.

3) Whatever stated hereinabove is true and correct to the best of my

knowledge, belief and information.

Filed in the court

On / /2019 Applicant

VERIFICATION

I, Mr. Pankaj Prabhudas Timbadia through one of the constituted attorney

holder Chandni Hitesh Doshi, Age - __ years, R/at - 303, Balaji Niwas,

Lokmanyanagar, Kacheri Road, Palghar (w), Dist. Palghar the above said

Applicant do state on solemn affirmation that, whatever stated hereinabove

is true and correct to the best of my knowledge, belief and information.

Place – Thane

Date - Applicant

Advocate for Applicant

 IN THE COURT OF THE CIVIL JUDGE (S.D.)

THANE AT THANE

MISCELLANEOUS APPLICATION NO. ___________

Mrs. Pravashi Hitesh Shah & 1 ars. … Applicant

V/s.

Nil … Respondent

List of Documents

Sr.no. Particulars of Documents Exhibit

no.

1. Copy of Death certificate of Smt. Jayshree Kishor Shah A

 2. Copy of Death certificate of Shri Kishor Jayantilal Shah B

3. Copy of agreement dated 8th January 1984 C

3. Copy of society transfer documents from name of late D

Shri Kishor Jayantilal Shah to Smt. Jayshree Kishor

Shah

4. Copy of share certificate E

5. Copy of aadhar card of applicant F

6. Any other document with permission of court

Place : Thane

Date : Advocate for Applicant