1. Sadashiv Pandurang Sutar And ORS. v. Kusum Shankar Sutar Sincce Deceased Through His Heirs

sa106.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

(Civil Appellate Jurisdiction) SECOND APPEAL NO.106 of 2013 (Shri Sadashiv Pandurang Sutar and others Appellants

Versus

Kusum Shankar Sutar since deceased through Shri Shankar Dattatray Sutar and ors Respondents) Mr. M.M.Sathaye, Advocate for appellants.

Mr. R.S.Kate, Advocate, for Respondents CORAM : R.K.Deshpande, J.

DATED : 24th JUNE, 2015.

P.C.

Pandurang was the owner of the suit property and he sold it to his first wife by registered sale deed dated 30.12.1955. The plaintiff being the daughter of the first wife Smt. Dwarkabai, claimed the ownership on the basis of the sale deed dated 30.12.1955.

The learned counsel for the appellantsdefendants argues that the property was the ancestral property in the hands of Pandurang and therefore, the defendants, being the sons and grand-sons of Pandurang from the second wife Smt. Shakuntalabai, are entitled to half share in the suit property.

sa106.13.odt In view of the fact that the registered sale deed was executed in favour of Smt. Dwarkabai on 30.12.1955 for her maintenance, she becomes absolute owner of the suit property by virtue of Section 14(1) of the Hindu Succession Act, as she was in possession of the property on that day. No substantial question of law arises, the second appeal is dismissed.

Consequently, the civil application, if any, stands dismissed.

(R.K.DESHPANDE, J.) Rvjalit