IN THE COURT OF CIVIL JUDGE SENIOR

DIVISION, ATPUNE, PUNE.

CIVIL MISC. APPL. No. 2057 of2023

MS. MADHURI DATTATRAYA BEDEKAR & other

.. .. Applicants

Vs

No One ... Respondent

EVIDENCE AFFIDAVIT

I, Ms. Madhuri Dattatraya Bedekar on behalf of myself and

Applicant No. 2 as her power vested in me through Power of
Attorney dated 21/08/2023 having reference no. 4643; Age: 54,
Occupation: Service, 2021, Hanna Tower, Gaur Saundaryam, Tech
Zone 4, Gaur Chowk, Opp. Gaur City Mall, Greater Noida West,
Bishrakh, Gautam Buddha Nagar, Uttar Pradesh 201306 do hereby
state on solemn affirmation as under:

1. I state that, Applicant No. 1 &2 are full blood sisters who live at
above mentioned addresses. The Applicant No. 1 is currently
working as contract basis teacher at Magic Billion at Noida.
Applicant No. 2 is working in Canada and working as Vice
President of 08763 Citi Canada Technology Services ULC,
Canada.
2. I state that, the Applicant No. 2 is residing in Canada and cannot
attend hearing continuously so she has executed Power of
Attorney and given powers to Applicant No. 1 to appear and try
this application. The said power of Attorney is executed at
Consulate office of Toronto, Canada on 21/08/2023 having
reference no. 4643and the same is attested with signature and seal
of Ministry of Government Services.

3. FAMILY TREE

Late Dattatraya Bedekar (Deceased Father) Late Shubhangi Bedekar (Deceased Mother)
'' ~'ER'l<;Mpired on 18/12/2001 Expired on 05/07/2012
n n
l' .:,.-
! ...

f. Late Kirti Bedekar Madhuri Bedekar Aparna Bedekar

',~ l Expired on 19/12/2022 Applicant No. I Applicant No. 2
 2

4. I state that, with reference to above mentioned family tree, Late

Kirti Dattatraya Bedekar, Apama Dattatraya Bedekar and
MadhuriDattatraya Bedekar are full blood sisters. Their father
Dattatraya Bedekar died in 2001 in Pune and their mother named
Shubhangi Dattatraya Bedekar died in Delhi in 2012 were
residents of India. Applicants are filing the death certificates of
both parents and Central Government Health Scheme card of Late
Dattatreya Sadashiv Bedekar, which shows that Late Kirti
Dattatraya Bedekar and the Applicants are sisters.

5. I state that, Late Kirti Dattatraya Bedekar is an owner of all the

piece and parcel of following properties bearing

A. S.NO.147(PART) +147 (PART) BUILDING-J, 4THFLR, FLAT

NO-403, J\APTCC-11, "IRIS' MAGARP ATTA CITY
HADAPSAR PUNE-28 (hereinafter referred to as said Flat).

B. Land bearing 00 H 1.260 R from total of 00 H 10.5 R, Gat No. 177

A, Plot No. 45, Wadebolhai (hereinafter referred to as said land.)
(Combined area of said flat and said land is referred as said
properties) and the deceased left behind the said immovable
properties within the Jurisdiction of this Hon'ble Court in the state
of Maharashtra.

6. I state that, the above named sister Late Kirti Dattatraya Bedekar
died on 19/12/2022 at Sahyadri Hospital, Shastri Nagar at Pune
and the same is registered and death certificate by Pune Municipal
Corporation has been issued. At the timeof death she was 55 years
old and was residing at B-5/301, Fortunate East Society, Thite
Nagar, Kharadi, Pune 411014. She was unmarried and she didn't
have any child.

7. I state that, Late Kirti Dattatraya Bedekar was owner of the said
flat by Deed of Sale dated 11/08/2008, having registration No.
6367 /2008 before the Sub- Registrar, Pune. On this basis, Late
Kirti Bedekar's name is registered on the Property Tax Bill having
Property ID O/1/20/01520358.

S"E~{Q\l,(
c.: ·. L co-µi
1
; Y\l~
• '9,Mti}
• • r I
 3

8. I state that, Late Kirti Dattatraya Bedekar was owner of the said
land by Deed of Sale dated 16/08/2011 having registration No.
6978/2011.

9. I state that, the said pr~perties are free from all encumbrance, lien,
mortgage, litigation, attachments.

10.I state that, at the time of death didn't have any Class- I heir
according to Hindu Succession Act, 1956.

11. I state that, at the time of death, Late Kirti Dattatrya Bedekar was
unmarried and did not have any children so leaving behind the
Applicants as the Class- II legal heirs of the deceased as per
provision of Hindu Succession Act, 1956 which are as following:

Name of Legal Heirs Relation Age

Sr.No
Ms. Madhuri Dattatraya Bedekar Sister 54
1
Ms. Aparna Dattatraya Bedekar Sister 51
2

12. I state that, Late Kirti Dattatraya Bedekar has neither left any
Will nor made any Gift Deed with the Applicants and the
Applicants have made the diligent search to find out if any
Will and any Gift Deed was executed by the said deceased and
no such Will and Gift Deed is made by the deceased in respect of
the said Flat/ Immovable property.

13.1 state that, 'said properties' is self-earned/acquired propertyof

Late Kirti Dattatraya Bedekar.

14. I state that, there is no hindrance for the issuance of heirship

Certificate in respect of Flat/Immoveable property, more
particularly mentioned in the schedule of property, in favor of
Applicants.

15. I state that, that no application has been made to any District Court
or to the High Court for the probate or for the Letters of
Administration with or without in respectof the said immovable
property of the deceased.
; bI<;,RK
- ' 'Ii . .
!]'; SR. DW.
IE., . ·.. ,. ·,
' -· ~. ,Ao- -

R 20?4 ·
 4 \

16.I state that, the said property is situated within the jurisdiction of
this Hon'ble Court andtherefore this Hon'ble Court has exclusive
jurisdiction to entertain and try this application.

17.I state that, the Applicants undertakes to pay the necessary Court
Fees i.e. "whichever is applicable" on the total value of the ' said
property', whenever court orders for said fees.

18.I state that, the Applicants say and submit that current
GOVERNMENT VALUATION of the said flat is Rs. 74,47,599/-
(Rupees Seventy Four Lakh Forty Seven Thousand Five Hundred
Ninety Nine Only).
Government Valuation of said land is Rs. 8,92,080/- (Rupees
Eight Lakh Ninety Two Thousand Eighty Only).

19.Cause of action- arose when the Late Kirti Dattatraya Bedekar

died in Pune. The cause of action arose when Pune Municipal
Corporation refused to register the name of the Applicants on the
property assessment and requested the Applicants to obtain
heirship certificate.

20. I state that Late Kirti Dattatraya Bedekar was permanent resident
of Pune, also her place of death comes within local limits of Pune
Municipal Corporation and her said properties is located within
the jurisdiction of this Hon'ble Court, so this court has every right
to try and dispose this application.
21.I state that there are no other legal heirs than the Applicantsof
the Late Kirti Dattatraya Bedekar.

22. I state that Late Kirti Dattatraya Bedekar was Hindu so the
Applicants being Class-II heirs of the deceased, they have right to
obtain the said properties under right of succession.
23.I state that I have complied with the procedure of Bombay
Regulation No.VIII of 1827 and published paper notice in the
newspaper and citation notice is affixed at the last known address
of the deceased and the same is written in the bailiff report, all of
which are presented with the documents produced for this q
SENIOR
C .•• ~.1. CO\Jl
1

PUl
' 1 9~Mf
 5

application before the Hon'ble court.

(
24.Court
. Fee- This appl'teat'ton bemg
· mtscellaneous
. type, we have
paid appropriate court stamp fee. Also Applicants are ready to pay
necessary court fee for obtaining heirship certificate under
Maharashtra Court Fees Act.

25. Following of documents filed by the Applicants is as under:

1. Aadhar Card of Applicant No. I
2. PAN Card of Applicant No. I
3. Passport of Applicant No. 2
4. Social Insurance Number of Applicant No. 2
5. Power of Attorney executed in favor of Applicant No. I by
Applicant No. 2
6. Death certificate ofDattatraya Sadashiv Bedekar
7. Death certificate of Shubhangi Dattatraya Bedekar
8. Aadhar Card ofKirti Dattatraya Bedekar
9. PAN Card of Kirti Dattatraya Bedekar
10. Death certificate ofKirti Dattatraya Bedekar
11. Central Government Health Scheme card ofDattatraya
Sadashiv Bedekar
12. Sale Deed of flat
13. Property Tax Bill in respect of flat
14. Photocopy of Sale deed of land
15. Paper Publishing notice dated 05/12/2023
J6. Bailiff report dated 02/12/2023 according to citation notice
17. Certified Copy of Sale Deed of Land
18. Original copy of Central Government Health Scheme Card-

I state that according to exhibit 7 I have published paper notice in

the newspaper and by exhibit 6, citation notice is affixed at the last
known address of the deceased and the same is written in the
bailiff report, all of which are presented with the ·documents
roduced for this application before the Hon'ble court. Till today
~o one has approached/objected toward the said application and
property. So it is confirmed by the process that the said Applicant
CLERK
·.T SR.·._q1V
~E.· .
' "II').
 6

No. I and 2 i.e. myself and my sister Apama Dattatraya Bedekar

are sole legal heirs of the Late Kirti Dattatraya Bedekar.

SCHEDULE OF THE IMMOVEABLE PROPERTY

ALL THAT PIECE AND PARCEL of following properties bearing,

A) S.NO.147(PART) +147 (PART) BUILDING -J, 4TH FLR,
FLAT NO-403, MPTCC-11, "IRIS' MAGARPATTA CITY
HADAPSAR PUNE-28
B) Land bearing 00 H 1.260 R from total of 00 H I 0.5 R, Gat No.
177 A, PlotNo. 45, Wadebolhai 412207.

26.IT IS THEREFORE PRAYS THAT:

a) The Heir ship Certificate be issued in the name of Applicants in
respect ofthe said properties mentioned below:
A) S.NO.147(PART) +147 (PART) BUILDING -J, 4TH FLR,
FLAT NO-403, MPTCC-11, "IRIS' MAGARPATTA CITY
HADAPSAR PUNE-28
B) Land bearing 00 H 1.260 R from total of 00 H I 0.5 R, Gat
No. 177 A,Plot No. 45, Wadebolhai 412207.
b) To allow the amendment of this application at any stage of this
application.
c) Any other just and equitabl"' order be made in the interest of justice.
Whatever stated above is true and correct to the best of my knowledge
and belief. Also documents filed in support of this Application are also
true and correct to my knowledge and it is requested to read all the
documents as genuine and exhibit the same. Hence, in witness whereof, I
have signed hereunder on this evidence affidavit 19th March of 2024.

PUNE
Affiant
DA TE: 19/03/2024
Madhuri Dattatraya Bedekar
For herself and Applicant No. 2
Through Power of Attorney

lkJ!:t,
Adv. For Applicant

sENlOR4
c,,;.LCO\JF
Y\Jt-

1 9l-\f:..R:,,
 VERIFICATION
I, MS. MADHURI DATTATRAYA BEDEKAR, Age:
54yrs,
Occupation: Service, R/at: Madhuri Bedekar ,2021, Hanna
Tower, Gaur Saundaryam, Tech Zone 4, Gaur Chowk, Opp. Gaur
City Mall, Greater Noida West, Bishrakh, Gautam Buddha Nagar,
Uttar Pradesh 201306 for myself and Applicant No. 2 as her Power
of Attorney on solemn affirmation state that the above mentioned
information from Paragraph No. 1 to 24 are true and genuine to
my knowledge.

PUNE
Applicant No. 1
DATE: 19/03/2024
Madhuri Dattatraya Bedekar
For herself and Applicant No. 2
through Power of Attorney

AFFIDAVIT
Solemnly af:f.irme~.before :,-, ~ t:,y\ _1.-..,
~'¥:\·.. .
Sh ri .IS rnt. . ~. Y. 15Cl..f10:' ''I. Y
Who is 1,~rm \i f ied g,v, Advoc;.:i :. i:; ,' /
S hrl./Sc ,. ..... ... : .. t:..~r.---J)::-0,.¥ ..
Whom · ·,~rsonally know /

f)t.
®
Sr. Clerk
Civil Court, Puna,
! •
r1 9 HAR 202'

'202l