Suresh Harichandra Kadam And ANR v. Sunanda Sakaram Kadam (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 03rd July, 2025 FOR COMPLIANCE:

72. TP/1665/2025 [Original] (ECHCBM02049792024) P. C. :

Shri. Indrajeet Kulkarni Ld. Advocate for the Petitioner

1. Ld. Advocate for the petitioner has filed separate family tree. Perused the petition. Ld. advocate for the petitioner informed that the son of the petition is present.

2. The deceased died leaving behind her husband's heir, namely Druapadi, deceased's husband's brother's Widow, falling under Class-II, Entry(VI) legal heirs of the schedule annexed to the Hindu Succession Act, 1956. Whereas, the petitioner and other legal heirs falls under category of agnate heir vide Sec. 3(a) of the Hindu Succession Act, 1956 (for short 'HS Act').

3. Hence, as per the provisions of the Sec. 8 to 11 of the HS Act, the Class-II heirs of the deceased Husband, vide Sec. 15(1)(a) of the HS Act has the right to inherit the property than the petitioner and other heirs. Hence, the petitioner can not apply vide Sec. 218 of the Indian Succession Act, 1925. Hence, the petitioner to take steps according to law.

4. S. O. to 11.07.2025 03.07.2025 Officer on Special Duty, with Testamentary Department