Petition for heirship certificate in respect of a deceased woman by her nephew, relying on Section 15(2) of the Hindu Succession Act after the daughter's later death. The Court held the estate devolved on the daughter under Section 15(1)(a) on the deceased's death and dismissed the petition.
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.
2024:BHC-OS:12301
32 mpt 204 of 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO.204 OF 2024
Sanjay Ambu Gite … Petitioner
Bhimabai @ Bhimbai Genu Nagare … Deceased
Mrs. Sujata Babar, for Petitioner.
CORAM: N.J.JAMADAR, J. DATE : 5 AUGUST 2024
P.C.
the Bombay Regulation VIII of 1827 in respect of Bhimabai @ Bhimbai Genu Nagare (deceased).
to be the son of Ambu Gotiram Gite, the brother of the deceased, who had predeceased the deceased on 27 April 1994. In paragraph No.4 of the Petition, the Petitioner has furnished the particulars of his brothers at 1b to 1e, who are also, according to the Petitioner, entitled to be declared as the legal heirs of the deceased.
SSP 1/4
32 mpt 204 of 2024.doc Chakor was the daughter of the deceased and she passed away on 13 February
“2. The Petitioner, claims to be the nephew i.e. son of the brother of late Bhimabai Nagare. The Petitioner claims that he is the legal heir of the deceased Bhimabai Nagare, who passed on 28 December 2003. In the Petition, it is averred that the deceased had a daughter namely, Anjanabai, who died on 13 February 2015. Evidently, Anjanabai succeeded to the state to the deceased, who passed away in 2003. In the circumstances, the question as to whether the Petitioner can now claim heirship certificate, warrants consideration.”
SSP 2/4
32 mpt 204 of 2024.doc have passed away intestate, under Section 15(1)(a) of the Hindu Succession Act, 1956, the property of the deceased would devolve upon Anjanabai on the day the succession opened.
SSP 3/4
32 mpt 204 of 2024.doc
( N.J.JAMADAR, J. )
SSP 4/4
Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 13/08/2024 18:25:01
1 issue framed by the court
Whether a nephew can obtain an heirship certificate for a deceased woman whose estate devolved on her daughter who survived her.
4 provisions across 2 enactments
Sanjay Ambu Gite
Bhimabai @ Bhimbai Genu Nagare
N.J. Jamadar
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
