Jijabai Gokul Mule And Others v. Rajaram Mahadu Mule And Others

955-WP-2444-2018 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 WRIT PETITION NO. 2444 OF 2018 JIJABAI GOKUL MULE AND OTHERS

VERSUS

RAJARAM MAHADU MULE AND OTHERS .....

Advocate for Petitioners : Mr. Patil Vinod Prakash Advocate for Respondent Nos. 1 and 3 : Mr. Bhokarikar Madhav M. .....

CORAM : V. K. JADHAV, J.

DATED : 15th November, 2019 PER COURT:- 1.

Heard both sides.

2.

In terms of Section 6 of Hindu Succession Act, 1956 i.e. 'devolution of interest in coparcenary property' read with Section 8, which speaks about 'general rules of succession in the case of males' the mother of deceased Gokul falls in the category of class-I heirs. Even though the mother cannot claim partition during the lifetime of her husband, however, upon partition claimed by the son, she is entitled for determination of her share. In view of this, I find no fault in the order passed by the court below. There is no substance in this Writ Petition. Hence, the Writ Petition is hereby dismissed. ( V. K. JADHAV, J.) vre/