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Bombay High CourtWP/2795/2024disposed off

Ram Nivrati Kakade Died Thr Lrs Padminbai Ram Kakade And Others v. The State Of Maharashtra Through Collector Latur And Others

2024-03-12Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:5671 1 920

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 2794 OF 2024 RAM NIVRATI KAKADE DIED THR LRS PADMINBAI RAM KAKADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND OTHERS ...

Advocate for the Petitioner :

Mr. V. G. Kodale h/f. Mr. Gunale Vishwamber Digamberrao Advocate for Respondents : Ms. R. R. Tandale ...

WITH WRIT PETITION NO. 2795 OF 2024 RAM NIVRATI KAKADE DIED THR LRS PADMINBAI RAM KAKADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND OTHERS ...

Advocate for the Petitioner :

Mr. V. G. Kodale h/f. Mr. Gunale Vishwamber Digamberrao Advocate for Respondents : Ms. R. R. Tandale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12th MARCH, 2024 PER COURT:

1.

Heard.

2.

The petitioners have not denied that Usha Ramesh Mane and Kusumbai Kamlakar Pawar are the daughters of the deceased Ram Nivrati Kakade and that the respondents no.3 to 7 are the legal heirs / children

2 920 of Usha and Kusumbai. The only contention raised is that the petitioners are the only legal heirs of Ram Kakade.

3.

Even if it is assumed that the property is a self acquired property of Ram Nivrati Kakade, in view of Section 8 of the Hindu Succession Act, 1956, the property devolves on Class I heirs of the schedule. Since, children of predeceased daughters are already included in Class I, as such, respondents no.3 to 7, who are sons and daughters of the predeceased daughters are also the legal heirs of the deceased. 4.

Since, there is no dispute as regards that respondents no.3 to 7 are the children of the deceased of Ram Nivrati Kakade, contention of the petitioners cannot be accepted. The trial court has rightly accepted the applications of the respondents to be the legal heirs of the Ram Nivrati Kakade below Exhibit 34 / Exhibit 38, in respective matters. 5.

Both the writ petitions stand dismissed.

[ARUN R. PEDNEKER, J.] marathe