Special Appeal admits the appeal regarding inheritance rights. The court records two substantial questions of law concerning the validity of a custom excluding widow and daughter from inheritance. Notice issued to respondents.
The appeal is admitted. Notice issued to respondents to file PF and copies within seven days.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
SA No.360 of 2011
Mahamani Bai And Ors. Versus Makhmohan And Ors.
09/03/2021 Mr. A. D. Shrivastava, counsel for the appellants/defendants. Mr. Jitendra Pali, Dy. AG for the State. Heard on admission. The appeal is admitted and shall be heard on the following substantial questions of law:“Whether the First Appellate Court is justified in holding that the defendants, wife and daughter, respectively, of Baldev, brother of plaintiff Makhmohan, are not entitled to inherit the property of Baldev, as the valid custom excluding the widow and daughter from inheritance has not been established and proved, by recording a finding perverse to the record?” Issue notice to the respondents. PF and copies within 7 days along with substantial question of law. Non payment of PF shall lead to automatic dismissal of the appeal. If the order is complied with, list the matter immediately for final hearing. Sd/- (Sanjay K. Agrawal) Judge Nirala
1 issue framed by the court
Whether the First Appellate Court erred in holding that the defendants, wife and daughter of Baldev, are not entitled to inherit his property in absence of proved custom excluding them?
Mahamani Bai And Ors.
Makhmohan And Ors.
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
