SHARAD SHANKARRAO MANE Vs. ASHABAI SHRIPATI MANE

JUDGEMENT

(1.) BOTH these petitions will be disposed of by this common judgment and order.

(2.) SMT. Ashabai Shripati Mane is a common respondent in both these petitions who was granted Letters of Administration with respect to the property of her deceased husband Shripati Nana Mane. The said respondent Ashabai Mane had filed Petition No. 591 of 1990 for being granted Letters of Administration and the grant was made in her favour on 3-12-1991. The present petitions are filed by one Sharad Shankarrao Mane (Misc. Petition No. 14 of 1994) and one Namdev Govind Dhavale (Misc. Petition No. 4 of 1995) for revocation of the said grant under section 263 of the Indian Succession Act.

(3.) IT is the case of Sharad Mane who is the petitioner in Misc. Petition No. 14 of 1994 that he is the nephew of Shripati Nana Mane (brothers-son ). It is his contention that the respondent Smt. Ashabai Mane was never married to his uncle Shripati Mane who died intestate. It is his case that though the respondent Ashabai Mane claims to be the wife of the said deceased Shripati Nana Mane, she was not legally married to him and that in fact she was earlier married to one Kashid and that her marriage with the said Kashid was not legally dissolved. It is further the case of the petitioner that he, along with eleven others are the only heirs and legal representatives of the said Shripati Mane who died intestate at Bombay on 15-6-1975. He has given the names of those eleven others who according to him are the heirs and legal representatives of the said Shripati Mane including himself. It is the contention of the petitioner Sharad Mane that the said deceased Shripati Mane during his life time had married to one Hirabai alias Subhadra sometime in the year 1953-54. It is further his contention that the couple had no issue. Thereafter Shripati Mane died intestate in Bombay on 15-6-1975 leaving behind him the said Hirabai alias Subhadra as his only heir and legal representative, as mother of Shripati had predeceased him. Thereafter Hirabai also died intestate at Bombay on or about 3-8-1988. It is the case of the petitioner that therefore the only person who were heirs and legal representatives of Hirabai were the brothers of the deceased Shripati Mane namely; (1) Shankarrao Nana Mane and (ii) Dinkarrao Nana Mane.