IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION), VASAI

AT VASAI.

Miscellaneous Application No. ……….. of 2014

1. Shri. Ramesh Lakhamshi Gala )

Age : 53 years, Occupation : Business )

2. Shri. Jethalal Lakhamshi Gala )

Age : 48 years, Occupation : Buisness )
Both Residing at : Ganga Niwas, )
Sarasvati Building, New Bangla )
Achole, Nallasopara (East) )
Tal. Vasai, Dist. Palghar. )…… Applicants

APPLICATION FOR THE GRANT OF A

SUCCESSION CERTIFICATE U/S 372
OF THE INDIAN SUCCESSION ACT.

The applicants above-named respectfully submit this application,

praying to state as follows :

1. That the applicants are the Brothers-in-Law of Late Mrs.

Manjula Bhawanji Gala, who died intestate on 27/12/2004
(Twenty Seventh December Two Thousand Four) leaving
behind her husband Shri. Bhawanji Lakhamshi Gala as the
only legal heir who also died intestate on 04/11/2008 (Fourth
November Two Thousand Eight).

2. That Mrs. Manjula Bhawanji Gala and Shri. Bhawanji

Lakhamshi Gala had no children. The applicants are the real
brothers and closest relatives of said Shri. Bhawanji
Lakhamshi Gala. The copy of the Death Certificate of Mrs.
Manjula Bhawanji Gala is attached herewith as Annexure
“A” and the copy of the Death Certificate of Shri. Bhawanji
Lakhamshi Gala is attached herewith as Annexure “B”.
 2

3. That the deceased, Mrs. Manjula Bhawanji Gala, died at

National Hospital, Borivali (East), Mumbai.

4. That the said deceased, Mrs. Majula Bhawanji Gala, at the

time of her death was into the business of Khakra Making at
C/112, Varad Vinayak Co-Op. Housing Society Ltd., Tulinj
Road, Nallasopara (E), Tal. Vasai, Dist. Palghar.

5. That the applicants also submit that the said deceased at the
time of her death left behind her the applicants as her only
legal heirs besides her deceased husband Shri. Bhawanji
Lakhamshi Gala.

6. That the applicants submit that the said deceased was a

Hindu by birth and religion, and apart from her deceased
husband who died on 04/11/2008, the applicants are the
only legal heirs, and as such, they are entitled to claim a
succession certificate under the provisions of the relevant law
for the Bank Deposit description of which is mentioned below.

7. Schedule of Bank Deposit owned by the said deceased is as

follows:
Sr. Amount
Description of Property
No. (In Rs.)
SB Account No. 9436, Canara Bank,
1. /-
Nallasopara (East) Brach.

The copy of the Bank Statement is attached herewith as

Annexure “C”.

8. That it is submitted that the present applicant being the legal

heirs of the said deceased Mrs. Majula Bhawanji Gala are
fully entitled to receive the amounts of the claim herein made.

9. That the applicant submit that the deceased, who was an

inhabitant of the Vasai, has neither left any will nor has there
been any writing in that respect, and as such, there is no
hurdle or impediment existing under the provisions of Sec.
370 of the Indian Succession Act, which might have
 3

precluded this applicant from applying for the grant of a

succession certificate.

10. That the cause of action for filing this application has arisen
when the applicant no. 1 visited the office of Canara Bank,
Nallasopara Branch to claim the amount of bank deposit in
the name of the applicants being her surviving legal heirs.
However, the Canara Bank has asked for the Succession
Certificate. Hence, the said application.

11. That the applicants reside jointly, and the applicant no. 2 is
the younger brother of applicant no. 1 and he is dependent on
applicant no. 1. And hence, for the sake of convenience, the
succession certificate be kindly issued in the name of the
applicant no. 1 for which the applicant no. 2 has filed his no
objection by way of an affidavit.

12. That it is also submitted that the applicant no. 1 has no other
immovable property in her name.

13. That the applicants reside as well as the said deceased died
within the local limits of the jurisdiction of this Hon’ble Court,
and hence this Hon’ble Court has jurisdiction to try and
decide this application.

14. That the applicants have paid Court fee of Rs. 50 as per
Schedule 2, Article 18 (C) and the Court fee as per Schedule
1, Article 10 in order to obtain Succession Certificate shall be
paid as and when the Hon’ble Court shall order the applicant
to pay the said amount in the court.

15. That the applicants, therefore pray that –

a. This application may kindly be allowed;

b. The succession Certificate applied for be granted;

c. The succession Certificate be kindly issued in the name of

the applicant no. 1;

d. Any other orders in the interest of justice be kindly passed.

 4

16. That an affidavit in support hereof is filed herewith.

Vasai
Date : 25/08/2014 Applicant No.1

Applicant No. 2

VERIFICATION

I, Shri. Ramesh Lakhamshi Gala, Age : 53 years, residing at

Ganga Niwas, Sarasvati Building, New Bangla, Achole, Nallasopara
(E), Tal. Vasai, Dist. Thane., the applicant no. 1, do hereby state on
solemn affirmation that the contents of this application mentioned
above are true and correct to the best of my knowledge and belief,
and so I have signed hereunder.

Vasai
Date : 25/08/2014
Applicant No.1

Advocate for Applicants