Challenge to rejection of substitution application by mother's legal heir, who alleged a Will, in respondents' proceedings for legal heir certificate under the Bombay Regulation Act, 1827. The High Court held that only the question of legal heirship can be examined in such proceedings and dismissed the petition.
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1 wp 6978.22.odt
2024:BHC-NAG:11318
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition No.6978/2022 (Jagdish V Chaya and others)
CORAM : N.R. Borkar, J. DATE : 23-09-2024.
This petition takes exception to the order dated 19-10-2022 passed by the learned Civil Judge, Junior Division, Chikhali.
ii. This petition arises out of an application filed by the respondents, who are widow and children of the deceased Mahesh Rupareliya for Legal Heir Certificate under the provisions of the Bombay Regulation Act, 1827.
iii. The mother of the deceased was not made party to said proceedings. The application was therefore filed by the mother of the deceased. It was alleged that the deceased had executed Will in her favour in respect of the properties owned by him. Though initially she got herself impleaded as applicant however on the basis of said Will she got herself transposed as non-applicant. As she expired the present petitioner has filed
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application for substitution alleging execution of Will by her in his favour.
iv. The learned trial Court has rejected the said application by the order impugned.
v. Learned Counsel for the petitioner has drawn my attention to the order passed by this Court dated 27-07-2022 in Writ Petition No.3250/2022. Learned Counsel for the petitioner submits that in view of the observations made by this Court, the learned trial Court ought to have allowed the application filed by the petitioner.
vi. In the proceedings for issuance of legal heir certificate, except the question whether the parties are the legal heirs of the deceased or not, no other question can be examined. In that view of the matter, I am not inclined to entertain this petition.
vii. The petition is dismissed.
( N.R. Borkar, J. )
Deshmukh
1 issue framed by the court
Whether the trial Court erred in rejecting the petitioner's application for substitution based on an alleged Will in proceedings for a legal heir certificate.
1 provisions across 1 enactments
Jagdish V. Chaya and others
Respondent nos. 1 to 4 (widow and children of deceased Mahesh Rupareliya)
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
