Jagdish Vasanji Gala vs Pradip Vasanji Gala — Bombay HC (2025) — LawSathi Research

Jagdish Vasanji Gala vs Pradip Vasanji Gala — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Succession Certificate granted as prayed; Office directed to issue it after verifying whether any cross petition is filed or whether any Affidavit opposing the grant is filed.

Issue for consideration

Whether a Succession Certificate should be granted to the petitioner in respect of the debts and securities belonging to both the deceased. +1 more

Court's answer

An Administration Bond is not required as the petitioner is the only surviving legal heir of both the deceased; all other legal formalities stand complied with and the petition is granted.

Ratio / Principle

Diksha (renunciation of the world) by the sole son of the two deceased operates as his exclusion from inheritance, generally as civil death; accordingly the petitioner, being brother of Deceased No. 1 and brother-in-law of Deceased No. 2 (whose parents had predeceased), is the only surviving legal heir and there are no other legal heirs.

Detailed headnote1 paragraphs

Order dated 05.05.2025 of the Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar) in Testamentary Petition TP/1229/2024 granting a Succession Certificate to Jagdish Vasanji Gala — brother of Deceased No. 1, Pradip Vasanji Gala, who died intestate at Mumbai on 06.12.2021, and brother-in-law of Deceased No. 2, Pravina Pradip Gala, who died intestate in Gujarat on 02.05.2021 — in respect of debts and securities of the two deceased spouses, who were husband and wife and whose parents had predeceased. The couple's sole son, Bhavik Pradip Gala, having taken DIKSHA (renounced the world) as evidenced by a certificate dated 07.05.2024 of Shri Luni Aath Koti Nani Paksh Sthanakwashi Jain Sangh annexed to a praecipe dated 21.06.2024 filed on 18.07.2024, is held excluded from inheritance, diksha being taken generally to operate as civil death, consistently with para 6 of the order dated 09.04.2025 in TP No. 4807 of 2024. The petitioner is accordingly held to be the only surviving legal heir with no other legal heirs; an Administration Bond is dispensed with as unnecessary; the petitioner's oath and Affidavit of Service of affixation of General Notice dated 17.01.2025 were on file; and the Office is directed to issue the Succession Certificate as prayed after verifying that no cross petition or Affidavit opposing the grant has been filed.

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5^th May, 2025

CALLED FOR COMPLIANCE :

7 TP/1229/2024 (E-filing)

Ms. Swati Mathkar i/b. Manish N. Bijutkar, Advocate for petitioner

PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain debts and securities belonging to both the deceased filed by petitioner namely Jagdish Vasanji Gala being brother deceased No. 1 and brother-in-law of deceased No. 2 of deceased. Deceased No. 1 namely Pradip Vasanji Gala died intestate (in respect of properties mentioned in the schedule annexed to the petition) at Mumbai on 06.12.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is already annexed to the petition.

Deceased No. 2 namely Pravina Pradip Gala died intestate at Gujarat on 02.05.2021. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is already annexed to the petition.

Ld. Advocate for petitioner submits that parents of deceased No. 1 predeceased the deceased. Both the deceased are husband and wife. Both the deceased was survived by one son namely Bhavik Pradip Gala and he has taken DIKSHA (Renounced the world) and document viz. Certificate issued by Shri Luni Aath Koti Nani Paksh Sthanakwashi Jain Sangh dated 07.05.2024 is annexed to the praecipe dated 21.06.2024 and the same is filed on 18.07.2024. Therefore, he is excluded from inheritance. It is generally operates as civil death and this has been considered in para No. 6 of order dated 09.04.2025 in TP No. 4807 of 2024. Hence, petitioner is only surviving legal heirs who is brother of deceased No. 1 and brother-in-law of deceased No. 2. There are no other legal heirs.

Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 17.01.2025 is filed. Administration Bond is not required as the petitioner is only surviving legal heir of both the deceased. All other legal formalities are complied with. Hence, petition is granted.

Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed.

COMPANY REGISTRAR / 05.05.2025 TESTAMENTARY REGISTRAR

SLG