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To,

1. MR. GIRISH S JHADHAV

r/at Anand Mangal Sahakari Hsg Soc Ltd.,
Plot no. 618/C-9, Sector 6,
Nr Ambe Mata Temple, Charkop
Kandiwali W, Mumbai 400067
2. MR. MILIND S JHADHAV
r/at Abhudaya nagar Arunodhay CHS,
MHB, Bld no. 29/2022, 4th Flr, Kalachowki,
Parel Tank Rd, Mumbai 400033
Dated: 10th April, 2024

Sub: Notice on behalf of my client Mr. Prashant S

Jhadhav and Mrs. Daksha S Jhadhav under Hindu
Succession Act, 1956 claiming 1/4th share in the
properties of their mother who died intestate in
accordance to section 8 of this act.
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Sir,
I am concerned for my client Mr. Prashant S Jhadhav
and Mrs. Daksha S Jhadhav resident of Mumbai who, in
addition to informing us about the facts and circumstances
of the case, have placed in my hands all the relevant
documents / receipts / correspondences, and after careful
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perusal of the same, I am satisfied with her cause of action

against you and therefore, I, for and on behalf of my Client,
and under her instructions do hereby serve upon you the
following Legal notice:-

1. That my client’s father namely Mr. Sakharam Jhadhav

(hereinafter known as “father”) and mother Mrs. Charusheela
Jhadhav (hereinafter known as “mother”) had four children
from their wedlock namely a. Mr. Girish S Jhadhav, b. Mr.
Mr. Prashant S Jhadhav, c. Milind S Jhadhav, d. Mrs.
Daksha S Jhadhav now known as Mrs. Vaibhavi Vinod Lad.
That their father was working in home dept in state govt at
Mumbai till his last breath.
2. That he had only my client, their mother and brothers
as a surviving legal heirs and that my client’s father died on
2nd Feb, 1995 (Hereinafter referred to as “ the deceased”).
That the father of my client during his lifetime had not
adopted any children and he had my client and her brothers
as his only children and sole surviving legal heirs of the said
deceased.

3. That the father during his lifetime got the ownership of

room no. Abhudaya nagar Arunodhay CHS, MHB, Bld no.
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29/2022, 4th Flr, Kalachowki, Parel Tank Rd, Mumbai

40003.

4. That as my clients father was working in govt

department, the state govt granted ownership of mentioned
room developed by MAHADA to my clients father for his
exertion and loyalty. That when my clients father expired,
only Mr. Girish was married and all other siblings were
unmarried. Thereafter Mr. Milind was working in Dubai and
Mr. Girish both ignored and isolated the mother and so it
was my clients who used to constantly take care of their
mother during her old age and took utmost care of their
mother when she required medical assistance. That their
mother when she was alive made nomination in the society
devolving upon each child 25% of the share of her room
which is evident from the nomination form dated
25/01/2014.

5. That when the mother died it was only my clients and

their 2 brothers as sole surviving legal heir of the deceased.
That father & mother had following property in their name:
a. Abhudaya nagar Arunodhay CHS, MHB, Bld no.
29/2022, 4th Flr, Kalachowki, Parel Tank Rd, Mumbai
400033;
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The above mentioned property was given to father of my

clients during his lifetime and at that time none of the
children were not financially independent.
6. That the father & mother of my clients died intestate,
that is, without making any “Will” in favour of any person (s)
before or at the time of their death however the deceased
mothers last wish is evident from nomination form wherein
she has given 1/4th share to each child.
5. That the mother died on 27/06/2015 living behind the
following legal heirs at the time of her death:
Name Relation with
deceased
Mr. Girish S Jhadhav Elder Son
Mr. Prashant S Jhadhav 2nd Son
Mr. Milind S Jhadhav 3rd Son
Mrs. Daksha S Jhadhav 4th daughter
now known as Mrs.
Vaibhavi Vinod Lad

7. That according to the provision of Hindu Succession

Act, 1956 my clients are entitled to 1/4 th share in the above
mentioned property as one of the legal heirs of the deceased
and that they have legal right, title and interest in the
property of the deceased based on their legal heirship.
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8. That as per section 13 of Hindu succession Act,

“Computation of degrees.—
(1) For the purposes of determining the order of succession among
agnates or cognates, relationship shall be reckoned from the intestate to
the heir in terms of degrees of ascent or degrees of descent or both, as
the case may be.
(2) Degrees of ascent and degrees of descent shall be computed
inclusive of the intestate.
(3) Every generation constitutes a degree either ascending or
descending.”.
That this act is applicable in present case as per
section 2 of this of Act which states “(1) This Act applies―
(a) to any person, who is a Hindu by religion in any of its forms or
developments, including a Virashaiva, a Lingayat or a follower of the Brahmo,
Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person who is not a Muslim, Christian, Parsi or Jew by
religion, unless it is proved that any such person would not have been governed
by the Hindu law or by any custom or usage as part of that law in respect of
any of the matters dealt with herein if this Act had not been passed.
7. That according to section 8 of this act , “The property of a male
Hindu dying intestate shall devolve according to the provisions of this Chapter:― (a)
firstly, upon the heirs, being the relatives specified in class I of the Schedule i.e Son;
daughter; widow; mother……. (b) secondly, if there is no heir of class I, then upon the
heirs, being the relatives specified in class II of the Schedule; (c) thirdly, if there is no
heir of any of the two classes, then upon the agnates of the deceased; and (d) lastly, if
there is no agnate, then upon the cognates of the deceased”.
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8. As per section 10 of this act, “The property of an intestate shall be divided

among the heirs in class I of the Schedule in accordance with the following rules:―
Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows
together, shall take one share. Rule 2.―The surviving sons and daughters and the
mother of the intestate shall each take one share……..”. That my client falls under class
I of the schedule of the Hindu Succession Act and he is entitled to 1/5 th Share in the
property of the deceased.

9. That according to the settled law, any of the legal heirs of

the deceased may call upon the rest of the legal heirs to
partition the aforesaid property by meet and bounds and
deliver the vacant possession of their respected share
immediately on any such demand.
10. That my clients wants to request you to amicably resolve
the issue and divide the said property in equal ratio i.e 1/4 th
share within 5 days of receipt of this notice and reply
accordingly. My clients also request you to provide them with
relevant document of the said property, which are in your
custody immediately on receipt of this notice.
11. That my clients does not intent to create any
unnecessary cleft between brothers and sister but depriving
them of their legal rights and claims may constraint them to
take this stride whereby they will be coerced to take legal
action if you all fail to demarcate the 1/ 4 th share of my
clients and peacefully handover the same to them.
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12. That if my clients are not provided with their share as a

legal heir of their mother. it would amount to curtailing the
rights of my clients whereas the aforesaid property ought to
be partitioned among all legal heirs equally and so you all are
forbidden from proceeding further in respect of the said
property else my clients will have to take necessary legal
action against you all.
12. I, therefore, by means of this notice, call upon you
addressee no.1 & 2 to restrain from any activity which may
hinder the undisturbed enjoyment of my clients of their
share over the above said property and to partition the
property as mentioned above in para 3(a) to 3(l) by meets
and bound along with other relevant documents pertaining to
the said property, failing which I have clear instructions to
institute the necessary Civil as well as Criminal Proceedings
against you and in these events you shall be held liable for
all the costs of and incident to such proceedings.

A copy of this notice has been preserved in my office for

record and future course of action

Purvi Shah
Advocate
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