A motion for dismissal of a caveat was decided. The court held that the caveatrix, as a daughter-in-law of a deceased Hindu widow, lacks caveatable interest under Section 15 of the Hindu Succession Act, as her own children are the proper holders of interest.
Caveat No. 124 of 2015 discharged; Notice of Motion made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
78-NMT100-15.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 100 OF 2015
IN
TESTAMENTARY SUIT NO. 92 OF 2015
IN
TESTAMENTARY PETITION NO. 6 OF 2015
...Plaintiff
Yogendra Udhram Rajesth...Plaintiff
Versus
Meena Narendra Rajesth…Defendant
Mr. Prabhu Velhar, i/b C. Mahadeshwar, for the Applicant/Plaintiff.
CORAM: G.S. PATEL, J DATED: 21st June 2016
PC:-
1.The Motion is for dismissal of Caveat No. 124 of 2015. The
Caveatrix is the daughter-in-law of the deceased. The deceased was
a Hindu widow. The Caveatrix’s husband predeceased the testatrix.
Under Section 15 of the Hindu Succession Act, the Caveatrix as the
deceased’s daughter-in-law does not have a caveatable interest,
although her children do. They have been named and cited. They
have not opposed.
Page 1 of 2
21st June 2016
78-NMT100-15.DOC
2.Caveat No. 124 of 2015 is discharged. The Notice of Motion
is made absolute in terms of prayer clauses (a) and (b). There will be
no order as to costs. If there is no other Caveat, the Petition shall
proceed uncontested. If there is a Caveat, Suit to be listed for
directions on 8th July 2016. If issues have not been framed, they will
be framed on that day.
(G. S. PATEL, J.)
Page 2 of 2
21st June 2016
1 issue framed by the court
Whether the wife of the predeceased son of a deceased Hindu widow has caveatable interest under Section 15 of the Hindu Succession Act for dismissal of caveat.
1 provisions across 1 enactments
Yogendra Udhram Rajesth
Meena Narendra Rajesth
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court