Bombay High CourtTP/3421/2024grant issued

Hiralal Vitthal Koyalkar v. Late Ratnabai Vithal Koyalkar (Deceased)

2024-09-18Shri. S. B. Bhansali (Prothonotary Senior Master))1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 18th September, 2024 FOR COMPLIANCE:

71. TP/3421/2024 [Original] (ECHCBM02083732024) P. C. :

Ms. Sneha Nagaonkar Ld. Advocate for the Petitioner

1. 1. Ld. Advocate for the petitioner moved a praecipe dated 18.09.2024 and thereby prays to delete the name of Tukaram Vitthal Koyalkar and Satyananrayan Vitthal Koyalkar who are step sons of the deceased. However, steps son of the female do not having same right of son as per the Hindu Succession Act, 1956. In view of law laid by the Hon'ble Supreme Court in case of Lachman Singh V/s Kirpa Singh and Others {(1987) 2 Supreme Court Cases 547}, Submission is accepted. Praecipe is allowed. Furthermore, petitioner to inform the person whose name is to be deleted.

2. Petitioner to carryout an amendment as well as consequential amendments within two weeks from the date of uploading of this order, if petition is pending. Hence, adjourned.

3. S. O. to 04.10.2024 18.09.2024 Officer on Special Duty, with Testamentary Department