MHPU020099092023 Civil M.A. No.

2228/2023
(Pradip Bhalchandra
Deshpande +4Vs. Nil)

ORDER BELOW EXH. 01

(Passed on 26th June, 2024)

This is an application under Section 372 of the Indian

Succession Act for issuance of Succession Certificate.

The brief facts relevant to decide the application are as

under :

2. The applicants are claiming to be the legal heirs of

deceased late Bhalchandra Achyut Deshpande who died intestate
on 07/11/2018 at Nigdi, Pune. The wife of deceased late
Bhalchandra Achyut Deshpande namely Urmila Bhalchandra
Deshpande predeceased to him on dated 24/03/1990 at Kolhapur.
Applicant Nos.1 to 5 are their children. Thus, according to the
applicants, they are the only Class-I legal heirs of deceased late
Bhalchandra Achyut Deshpande. Except them there are no other
legal heirs of the deceased.

3. It is contended that, during his lifetime deceased late

Bhalchandra Achyut Deshpande was receiving Freedom Fighter
(स्वातंत्र्य सैनिक) Pension from Government of Maharashtra. In that
Order below Exh. 1 2 Civil M.A. No. 2228/2023
(Pradip +4 Vs. Nil)

regard an amount of Rs. 10,75,138/- is payable to the deceased

late Bhalchandra Achyut Deshpande towards difference for the
period 01/06/2004 to 07/11/2018. Therefore, according to
applicants, being the legal heirs of deceased late Bhalchandra
Achyut Deshpande they are entitled to receive the said amount
after his death and for that they require Succession Certificate.
Hence, they have filed present application.

4. Following points arise for my determination and I have

recorded my findings thereon for the reasons given below.

Sr. No. Points Conclusions

1. Whether the applicants are entitled for the Affirmative
Succession Certificate as prayed?
2. What order? As per final
order.

REASONS
As to Point No.1 :

5. In support of their contention applicant No.1. Pradip

Bhalchandra Deshpande for himself and as a Power of Attorney for
other applicants has adduced his evidence on affidavit vide Exh.08.
The applicants have filed the documents i.e. scanned copies of
certified copies of death certificates of deceased Bhalchandra
Achyut Deshpande and deceased Urmila Bhalchandra Deshpande
at Exh.08 & 09 respectively, scanned copy of letter dated
05/07/2023 received from Tahsildar, Pune at Exh.10, scanned copy
Order below Exh. 1 3 Civil M.A. No. 2228/2023
(Pradip +4 Vs. Nil)

of Power of Attorney executed by other applicants at Exh.11 and

scanned copy of Aadhaar Card at Exh.12 and also e-filed evidence
closed pursis.

6. In this case, the citation notice was served on

19/01/2024 and publication was issued at Exh.06. The notice
published in daily newspaper 'Punyanagari' on 18/01/2024 at
Exh.13. After the publication, no one appeared and raised any
objection to the present application. Thus, the application is
unopposed and the evidence of applicant No.1 has remained
unchallenged. Hence, his evidence can be relied upon.

7. Thus, from the above discussion and considering all the

documents coupled with the evidence of applicant No.1 clearly
established the fact that, the applicant Nos.1. Pradip Bhalchandra
Deshpande, 2. Sheela Prabhakar Phadnis, 3. Achyut Bhalchandra
Deshpande, 4. Mangala Prakash Deshpande and 5. Gauri Girish
Deshpande are the Class-I legal heirs of deceased late Bhalchandra
Achyut Deshpande and are entitled to get Succession Certificate.
Hence, I answer to point No.1 accordingly and in answer to point
No.2 I proceed to pass the following order;

ORDER

1] The application is allowed.

Order below Exh. 1 4 Civil M.A. No. 2228/2023
(Pradip +4 Vs. Nil)

2] Issue Succession Certificate in the name of applicant

Nos.1. Pradip Bhalchandra Deshpande, 2. Sheela
Prabhakar Phadnis, 3. Achyut Bhalchandra
Deshpande, 4. Mangala Prakash Deshpande and 5.
Gauri Girish Deshpande that she is the legal heir of
deceased late Bhalchandra Achyut Deshpande in
respect of the movable assets as mentioned in para
"3" of this order and together with all the interest
accrued thereon if any.

3] The applicants shall pay requisite Court Fee as per

Schedule-II of The Maharashtra Court Fees Act.

4] The applicants shall execute the Indemnity Bond.

Digitally signed
by PRANJALI
VIJAYSINHA
RANE
Date: 2024.06.29
15:53:24 +0530
Pune. (Smt. P. V. Rane)
th
Date : 26/06/2024. 4 Jt. Civil Judge (Sr.D.), Pune.
Order below Exh. 1 5 Civil M.A. No. 2228/2023
(Pradip +4 Vs. Nil)

CERTIFICATE

“I affirm that the contents of this P.D.F. File judgment are same
word for word as per original judgment.”

Name of Steno : Miss. F. J. Bijapure,(Steno Grade-III)

Court Name : Smt. P. V. Rane
4th Jt. Civil Judge (S.D.), Pune.
Date : 26/06/2024
Judgment/Order signed by
presiding officer on : 29/06/2024
Judgment uploaded on : 29/06/2024