Testamentary petition for letters of administration to the estate of Dr. Swapnal Sitaram Bhakare. Court held that the husband's daughter from his second marriage inherits his share under Sections 15(1)(a) and 8, Hindu Succession Act, 1956, and directed the petitioner to mention all heirs claiming through him.
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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 29th August, 2024
FOR COMPLIANCE:
P. C. : Shri. Siddharth Desai Ld. Advocate for the Petitioner 1. In the present petition, the petitioner Aishwarya Sitaram Bhakare filed the petition for grant of the Letters of Administration in respect of properties left by Dr. Swapnal Sitaram Bhakare (for short “said deceased”). The said deceased had married with Sitaram Sakharam Bhakare. Said deceased died on 08/09/2010. The petitioner is only child of Dr. Swapnal and Sitaram. Said Sitaram died on 23/05/2018. The petitioner, along with Vandana Sitaram Bhakare, has filed another petition for grant of letters of administration in respect of the properties of the said Sitaram, having TP No. 2270/2024. In the said petition, it is stated that the said Sitaram Died leaving his heirs namely Petitioner being daughter from first marriage, Vandana widow (from second marriage ) and Aaradhya Sitaram Bhakare a dughter of Sitaram and Vandana. Hence, query was raised about the heirs of the deceased as the Dr. Sitaram since deceased to the deceased. Therefore, property or interest devolved upon the said Sitaram, soon after the death of the Dr. Swapnal, would be passed to his heirs. Hence, said Sitaram’s heirs, whose names are mentioned in the TP No. 2270 of 2024, supposed to be mentioned in the present petition.
Singh and Others {(1987)2 Supreme Court Cases 547} the child of the Dr. Sitaram from second marriage is not entitled to inherit the estate of the deceased. I have gone through the said Judgment. Ld. Advocate for the petitioner prepared the family tree and also explained on the chronology of death of deceased persons, referred in the paragraph No.2 of the said Judgment. Ld. Advocate for the petitioner argued that in the cited case, it is held that as per the provisions of the Hindu Succession Act, 1956, the property was belonging to the mother of the Kripa Singh. Hence, as per sec. 15(1)(a) of the HS Act, said Kripa Singh was sole legal heir to inherit the same. Similar facts of the present petition exit. Therefore, said principle applies to the present petition.
Singh, Gurbux Kaur also claimed to be legal heirs of the said Khem Kaur, being son and decendant of Gurudas Singh, respectively. However, it is laid down that the steps son Lachman Singh and Gurudas Singh would not be son of Khem Kaur, within the meaning of Sec. 15(1)(a) of the HS Act.
6. S.O. to 06.09.2024
29.08.2024 Officer on Special Duty, with Testamentary Department
2 issues framed by the court
Whether a child from the deceased's husband's second marriage is a legal heir entitled to be included in the petition for letters of administration.
Whether all legal heirs claiming through the deceased's husband must be disclosed in the petition.
Colour shows how this judgement treated each authority
Lachman Singh V/s Kirpa Singh and OthersRelied on
(1987)2 Supreme Court Cases 547
2 provisions across 1 enactments
Aishwarya Sitaram Bhakare
P. A. Jagdale
As recorded by the court registry
24 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
