IN THE COURT OF CIVIL JUDGE, SENIOR DIVISION,

PUNE
AT PUNE
Misc. Civil Application No. 882 OF 2022

1. Mr. Amritlal Amirchand Sujanyal

2. Mr. Gaurav Amritlal Sujanyal …APPLICANTS

Versus
Nil …OPPONENT

AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF

OF APPLICANT NO. 1

I, Mr. Amritlal Amirchand Sujanyal Age: 69 years,

Occupation: Business R/at: Flat No. E/102, Mahindra Royal
Sterling 1, Ajmera road, Pune City, Pimpri P F, Pune – 411018,
Applicant No. 1 above, do hereby state on solemn affirmation
that,
1) The Applicant No. 1 is the husband and Applicant No. 2 is
the son of Late Mrs. Ushakiran Amritlal Sujanyal
(Hereinafter referred to as ‘the said deceased’ for the sake
of brevity). Nazar Verified Copy of the Aadhar Card of
the Applicant No. 1 and 2 with their permanent
address is produced on record along with separate list.
It is a Public Document. It is prepared by a public
Officer in disposal of his official duty. The Contents of
the same are true and correct. It may be admitted in
evidence, it be read in evidence after exhibiting it.
2) The said deceased died intestate on 28.02.2022, at
Mahindra Royal , E/102, Sterling, Pimpri P F, Pune –
411018. Original Death Certificate of the deceased is
produced on record along with separate list. It is a
Public Document. It is prepared by a public Officer in
disposal of his official duty. The Contents of the same
are true and correct. It may be admitted in evidence, it
be read in evidence after exhibiting it.
3) It is submitted that prior to and at the time of her death the
said deceased has had her fixed place of residence at
Mahindra Royal, E/102, Sterling, Pimpri P F, Pune –
411018 within the territorial jurisdiction of this court,
where she ordinarily lived and resided and also left some
property. Nazar Verified Copy of the Aadhar Card of
the deceased with her permanent address is produced
on record along with separate list. It is a Public
Document. It is prepared by a public Officer in
disposal of his official duty. The Contents of the same
are true and correct. It may be admitted in evidence, it
be read in evidence after exhibiting it.
4) The Applicants submit that the said deceased was
governed by the Hindu Succession Act and Applicant Nos.
1 and 2 being the only Class I legal heirs under the said
law are entitled to Heirship Certificate in respect of the
properties, mentioned in the Schedule I.
5) The Applicant No. 1 is the husband and the applicant No. 2
is the son of the said deceased. Copy of the Aadhaar card
 of the Applicant Nos. 1 and 2 showing their permanent
address is produced on record along with a separate list.
6) It is submitted by the Applicants that the said deceased
left, at the time of her death, only the following class 1
legal heirs:

Sr. no. Name Relationship with

the deceased

1. Mr. Amritlal Amirchand Husband

Sujanyal

2. Mr. Gaurav Amritlal Son

Sujanyal

7) The deceased did not have any other legal heirs except the
Applicant Nos.1 and 2 mentioned herein above.

8) The Applicants submit that the Applicant No. 1 and 2

being the only Class I heirs, only they bear the right to the
grant of Heirship Certificate related to the properties more
particularly mentioned in Schedule I hereunder.

9) I state that, the Property described in Schedule I-A is Plot

J-145 admeasuring 2200 sq. mtrs., situated at MIDC,
Bhosari Pune 411 039, within limits of Pimpri Chinchwad
Municipal Corporation of Pune and within the limits of
 Sub- Registrar office Taluka Haveli, District Pune,
together with all easementary rights and the Maharashtra
Industrial Development Corporation (Hereinafter referred
to as MIDC), had granted license to the deceased by Order
dated 12.10.2009. _____________________ of the Order
dated 12.10.2009 of the Schedule I-A property is
produced on record along with separate list. It is a
Public Document. It is prepared by a public Officer in
disposal of his official duty. The Contents of the same
are true and correct. It may be admitted in evidence, it
be read in evidence after exhibiting it.

10) I state that, the Property described in Schedule I-B

is Plot No. F-II-114 admeasuring 200 sq. mtrs. situated at
MIDC, Pimpri, Pune 411 018 and the MIDC has granted
lease by order dated 05.02.2021. MIDC issued a letter
acknowledging receipt of payment dated 01.09.2021.
_______________________ of the order dated
05.02.2021 of the Schedule I-B property is produced on
record along with separate list. It is a Public Document.
It is prepared by a public Officer in disposal of his
official duty. The Contents of the same are true and
correct. It may be admitted in evidence, it be read in
evidence after exhibiting it.

11) I state that, the Property described in Schedule I-C

is Plot No. 33 admeasuring 1133.875 sq.mtrs. , situated at
New Gat. No. 358,361,362,365 (Old Gat No.
2892,2895,2896,2901) WMDC’S Industrial Complex at
 Kharabwadi, Chakan, District Pune – 410 501, together
with all easementary rights. Certified Copy of Index-2 of
the Deed of Assignment for leasehold rights of the
Schedule I-C property is produced on record along
with separate list. It is a Public Document. It is
prepared by a public Officer in disposal of his official
duty. The Contents of the same are true and correct. It
may be admitted in evidence, it be read in evidence
after exhibiting it.

12) I state that, the property described in Schedule I-D

is half share of Plot No. 58, admeasuring area about 52.38
sq. mtrs. i.e. 563 Sq. Ft., situated at Survey No. 173(Part),
Atlas Co-Operative Housing Society, Pimpri, Pune –
411018. Certified Copy of Index-2 of Schedule I-D
property is produced on record along with a separate
list. It is a Public Document. It is prepared by a public
Officer in disposal of his official duty. The Contents of
the same are true and correct. It may be admitted in
evidence, it be read in evidence after exhibiting it.

13) I state that, the property mentioned in Schedule I-E

is half share of Flat No. E-102, situated on 1st floor in the
building known as “STERLING 1 MAHINDRA ROYAL”
admeasuring 1589 sq. ft. situated at Village Pimpri
Waghere, Taluka Haveli, being and lying within the limits
of Pune Municipal Corporation of Pune and within the
limits of Sub-Registrar office Taluka Haveli, District Pune,
together with all easementary rights. Certified Copy of
 Index-2 of Schedule I-E property is produced on record
along with separate list. It is a Public Document. It is
prepared by a public Officer in disposal of his official
duty. The Contents of the same are true and correct. It
may be admitted in evidence, it be read in evidence
after exhibiting it.

14) I state that, the property mentioned in Schedule I-F

is half share of Flat No. 502, on 5th floor in the building
known as “NAVKAR SIDDHI” having carpet area
admeasuring about 70.14 sq. mtrs along with terrace area
admeasuring about 16.90 sq. mtrs, situated at S.No. 269,
Plot No. 18 , Bhoir Colony, Village Chinchwad, Taluka
Haveli, being and lying within limits of Pimpri-Chinchwad
Municipal Corporation of Pune and within the limits of
Sub-Registrar office Taluka Haveli, District Pune, together
with all easementary rights. Certified Copy of Index-2 of
Schedule I-F property is produced on record along
with separate list. It is a Public Document. It is
prepared by a public Officer in disposal of his official
duty. The Contents of the same are true and correct. It
may be admitted in evidence, it be read in evidence
after exhibiting it.

15) I state that, the property mentioned in Schedule I-G

is half share of Flat No. A-303, situated on 3rd floor in the
building known as “GOLDEN PALMS” admeasuring
40.05 sq. mtrs, equivalent to 431 sq. ft being the carpet
area along with terrace 4.92 sq. mtrs equivalent to 53 sq. ft
 along with a reserve covered car parking, situated at
Village Moshi, Taluka Haveli being and lying within the
limits of Pune Municipal Corporation of Pune and within
the limits of Sub- Registrar office Taluka Haveli, District
Pune, together with all easementary rights. Certified Copy
of Index-2 of Schedule I-G property is produced on
record along with separate list. It is a Public Document.
It is prepared by a public Officer in disposal of his
official duty. The Contents of the same are true and
correct. It may be admitted in evidence, it be read in
evidence after exhibiting it.

16) I state that, the property mentioned in Schedule I-H

is half share of Flat No. A-304, situated on 3rd floor in the
building known as “GOLDEN PALMS” admeasuring
39.03 sq. mtrs, built up equivalent to 420 sq. ft being the
carpet area along with terrace 4.92 sq. mtrs equivalent to
53 sq. ft along with a reserve covered car parking, situated
at Village Moshi, Taluka Haveli being and lying within the
limits of Pimpri Chinchwad Municipal Corporation of
Pune and within the limits of Sub- Registrar office Taluka
Haveli, District Pune, together with all easementary rights.
Certified Copy of Index-2 of Schedule I-H property is
produced on record along with separate list. It is a
Public Document. It is prepared by a public Officer in
disposal of his official duty. The Contents of the same
are true and correct. It may be admitted in evidence, it
be read in evidence after exhibiting it.
17) I state that, the property mentioned in Schedule I-I
is half share of Flat No. L-103, situated on 1st floor in the
building known as “BELMONTE II” admeasuring 77.95
sq. mtrs, along with terrace and a reserved parking no. 252,
situated at Village Pimpri Waghere, Taluka Haveli being
and lying within the limits of Pimpri Chinchwad
Municipal Corporation of Pune and within the limits of
Sub- Registrar office Taluka Haveli, District Pune,
together with all easementary rights. Certified Copy of
Index-2 of Schedule I-I property is produced on record
along with separate list. It is a Public Document. It is
prepared by a public Officer in disposal of his official
duty. The Contents of the same are true and correct. It
may be admitted in evidence, it be read in evidence
after exhibiting it.

18) I state that, the property mentioned in Schedule I-J

is half share of Flat No. D3-1001, situated on 10th floor in
the building known as “ANTHEIA C.H.S.” admeasuring
701 sq. ft, situated at Village Pimpri Waghere, Taluka
Haveli being and lying within the limits of Pune Municipal
Corporation of Pune and within the limits of Sub-
Registrar office Taluka Haveli, District Pune, together with
all easementary rights. Certified Copy of Index-2 of
Schedule I-J property is produced on record along with
separate list. It is a Public Document. It is prepared by
a public Officer in disposal of his official duty. The
Contents of the same are true and correct. It may be
 admitted in evidence, it be read in evidence after
exhibiting it.

19) The deceased expired intestate. Thus, the Applicant

Nos. 1 and 2, being the only surviving legal heirs of the
said deceased are entitled to get the Heirship Certificate for
their record purposes. It is respectfully submitted that the
properties which are more particularly described in the
Schedule I written herein under, were owned by the
deceased
20) In this background, it is just and necessary to issue the
Heirship Certificate in favour of these applicants.
21) If this application is allowed, no harm or prejudice will be
caused to any person. However, if the present application
is rejected, in that event, the applicants will suffer
irreparable loss.
22) The properties, which are mentioned in Schedule I are
immovable properties and are situated within the
jurisdiction of this Hon’ble Court and the deceased
expired within the jurisdiction of this Hon’ble Court
hence, this Hon’ble Court has necessary jurisdiction to
entertain, try and decide the present application.
23) The cause of action for filing the present application first
arose on 28.02.2022, when the deceased expired and
continues to arise everyday thereafter.
24) The necessary court fee stamps are paid herewith.

“SCHEDULE I”
A) All Leasehold rights of the industrial land, bearing
Plot No. J Block J-145, admeasuring 2200 sq. mtrs.,
situated at MIDC, Bhosari Pune 411 039, within
limits of Pimpri Chinchwad Municipal Corporation of
Pune and within the limits of Sub- Registrar office
Taluka Haveli, District Pune, together with all
easementary rights.
B) All Leasehold rights of the industrial land, bearing
Plot No. F-II-114, admeasuring 200 sq. mtrs,,
situated at MIDC, Pimpri, Pune 411 018, within
limits of Pimpri Chinchwad Municipal Corporation of
Pune and within the limits of Sub- Registrar office
Taluka Haveli, District Pune, together with all
easementary rights.
C) All Leasehold rights of industrial land bearing Plot
No. 33, admeasuring 1133.875 sq.mtrs. , situated at
New Gat. No. 358,361,362,365 (Old Gat No.
2892,2895,2896,2901) WMDC’S Industrial
Complex at Kharabwadi, Chakan, District Pune – 410
501, together with all easementary rights.
D) All that piece and parcel of half share of the land
bearing Plot No. 58, admeasuring area about 52.38
sq. mtrs. i.e. 563 Sq. Ft., situated at Survey No.
173(Part), Atlas Co-Operative Housing Society,
Pimpri, Pune - 411018, being and lying within limits
of Pimpri Chinchwad Municipal Corporation of Pune
and within the limits of Sub- Registrar office Taluka
 Haveli, District Pune, together with all easementary
rights.
E) All that piece and parcel of half share of the
apartment bearing Flat No. E-102, situated on 1st
floor in the building known as “STERLING 1
MAHINDRA ROYAL” admeasuring 1589 sq. ft.
situated at Village Pimpri Waghere, Taluka Haveli,
being and lying within the limits of Pune Municipal
Corporation of Pune and within the limits of Sub-
Registrar office Taluka Haveli, District Pune, together
with all easementary rights.
F) All that piece and parcel of half share of the
apartment bearing Flat No. 502, on 5th floor in the
building known as “NAVKAR SIDDHI” having
carpet area admeasuring about 70.14 sq. mtrs along
with terrace area admeasuring about 16.90 sq. mtrs,
situated at S.No. 269, Plot No. 18 , Bhoir Colony,
Village Chinchwad, Taluka Haveli, being and lying
within limits of Pimpri-Chinchwad Municipal
Corporation of Pune and within the limits of Sub-
Registrar office Taluka Haveli, District Pune, together
with all easementary rights.
G) All that piece and parcel of half share of the
apartment bearing Flat No. A-303, situated on 3rd
floor in the building known as “GOLDEN PALMS”
admeasuring 40.05 sq. mtrs, equivalent to 431 sq. ft
being the carpet area along with terrace 4.92 sq. mtrs
equivalent to 53 sq. ft along with a reserve covered
 car parking, situated at Village Moshi, Taluka Haveli
being and lying within the limits of Pune Municipal
Corporation of Pune and within the limits of Sub-
Registrar office Taluka Haveli, District Pune, together
with all easementary rights.
H) All that piece and parcel of half share of the
apartment bearing Flat No. A-304, situated on 3rd
floor in the building known as “GOLDEN PALMS”
admeasuring 39.03 sq. mtrs, built up equivalent to
420 sq. ft being the carpet area along with terrace
4.92 sq. mtrs equivalent to 53 sq. ft along with a
reserve covered car parking, situated at Village
Moshi, Taluka Haveli being and lying within the
limits of Pimpri Chinchwad Municipal Corporation of
Pune and within the limits of Sub- Registrar office
Taluka Haveli, District Pune, together with all
easementary rights.
I) All that piece and parcel of half share of the
apartment bearing Flat No. L-103, situated on 1st
floor in the building known as “BELMONTE II”
admeasuring 77.95 sq. mtrs, along with terrace and a
reserved parking no. 252, situated at Village Pimpri
Waghere, Taluka Haveli being and lying within the
limits of Pimpri Chinchwad Municipal Corporation of
Pune and within the limits of Sub- Registrar office
Taluka Haveli, District Pune, together with all
easementary rights.
 J) All that piece and parcel of half share of the
apartment bearing Flat No. D3-1001, situated on 10th
floor in the building known as “ANTHEIA C.H.S.”
admeasuring 701 sq. ft, situated at Village Pimpri
Waghere, Taluka Haveli being and lying within the
limits of Pune Municipal Corporation of Pune and
within the limits of Sub- Registrar office Taluka
Haveli, District Pune, together with all easementary
rights.
The contents of Para 1 to 24 along with the contents of
Schedule I (A) to (J) are true and correct to the best of my
knowledge, information and belief and in witness whereof
I have signed the same today at Pune on this _______ day
of ______________, 2022

Affiant
Mr. Amritlal Amirchand Sujanyal

I know the affiant Advocate

Adv. Akshay Chikhale