NOEL DOMINIC PEREIRA Vs. PAMELA ETHEL KUHN

JUDGEMENT

(1.) This Notice of Motion is taken out for dismissal of the Caveat filed by Defendant No.3. The Caveat of Defendant Nos.l and 2, as the heirs of the deceased, is already filed. Defendant No.3 has sought to file the Caveat on the ground that he is the step-son of the brother of the deceased. The Plaintiff claims that he is not an heir of the deceased who is required to be served with the citation. The deceased is one Merlyn Loretta Patton. Her pre-deceased brother was Derrick Patton. Defendant No.2 in the suit is the son of Derrick Patton through his first wife. Derrick Patton had re-married. Defendant No.3 is the son of the second wife of Derrick Patton through her first husband.

(2.) To claim to be the heir of the deceased, Defendant No.3 must be shown to be having a blood relationship with the deceased. Under Section 27(b) of the Indian Succession Act, 1925 (the Act), such blood relationship may be by full blood or half blood. Such half blood relationship must also be shown to be with the deceased. Defendant No.3 is the step-son of Derrick, being the son of his second wife through her previous marriage. Defendant No.3 would be the step-brother of Defendant No.2 who is the son of Derrick through his first wife. However. Defendant No.3 has no blood relationship with Derrick as also the deceased.

(3.) It has been held in the case of Mrs. Mary Dowling Vs. Mrs. Margaret Merwan, 1991 AIR(Bom) 389 that the step daughter is not a child within the meaning of Section 37 of the Act.