Jayesh Karson Waghela v. Rajesh Karson Waghela (Deceased)(

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date : 26th February, 2025 CALLED FOR DIRECTION:

65.TP/6091/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Neelam B. Gaikwad Advocate, for the Petitioner. [Original] VS (AMH20230042834C202 400006) P. C. : 1. it appears that the petition is filed by the Jayesh Karsan Waghela further property and credits by Rajesh Karsan Waghela. The deceased is male Hindu. He died leaving behind him a mother, a class one legal heir as per the provisions of the Hindu succession act, 1956. The name of the mother is also shown in para No. 4 of the petition. Therefore query was made to the Ld. Advocate for the petitioner that how in lifetime of the class-I legal heir of the deceased, Class-II, Entry-(II) legal heir of the said deceased can claim an inheritance to the properties of the deceased.

2. As per section 218 of the Indian Succession Act 1925(for short "IS Act"), the petitioner cannot have right to inherit the property left by the deceased then he does not have the capacity to present the petition.

3. Therefore petition cannot be proceed further, unless the legal heir i.e. class-I legal heir presents the petition or the present petitioner made out the case for grant of Letters of Administration in life time of the Mother of the deceased. Therefore necessary amendment in the petition to be carried taking out the necessary chamber order as per the provisions of the Bombay High Court (OS) Rules, 1980.

4. Adjourned to 28th March, 2025.

Officer on Special Duty, with Testamentary Department 26.02.2025