Rajesh Dattatray Pandav v. Sumati Rohidas Raut

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 21st March, 2025 FOR HEARING :

75. TP/2643/2024 [Original] (ECHCBM02240042023) with WILL/1082/2024 P. C. :

Ms. Shilpa V. Deshmukh Ld. Advocate for the Petitioner

1. I have gone through the averment made by the petitioner which is amended on 05.02.2025. However, petitioner has not stated other Class-II legal heirs, Agnates, cognates heirs of the husband of the deceased vide Section 15(1) (b) read with Sec. 8 to 13 of the Hindu Succession Act, 1956.

Furthermore, petitioner has not stated about heirs of the father vide Section 15(1) (d) and heirs of the mother as per the Section 15(1) € of the Hindu Succession Act, 1956.

2. Hence, the petitioner to make a detail and proper averment about the heirs of the deceased, as per Schedule annexed to the HS Act, such as Class-I, Class-II, agnates and Cognate heirs of the Husband of the deceased vide sec. 15(1)(b) read with Sec. 8 to 13 of HS Act. Furthermore, if husbands' heirs are not available Class-I, Class-II, agnates and Cognate heirs of the father of the deceased vide sec. 15(1)(d) read with Sec. 8 to 13 of HS Act. If there are no heirs of father of the deceased, then the petitioner to state about the heirs of Mother of the deceased, vide Sec. 15(1)(e) of HS Act.

3. Furthermore, to ascertain the heirs of the deceased female the petitioner shall take into consideration the provisions of sec. 16 of HS Act.

4. S. O. to 25.04.2025 21.03.2025 Officer on Special Duty, with Testamentary Department