BABAN RAMCHANDRA SHUKLA Vs. PARAG ARVIND SHUKLA

JUDGEMENT

(1.) By this revision, the applicants are challenging the order passed by 3rd Joint Civil Judge, Senior Division, Nagpur on 14.09.2016 in M.J.C. No.279/2011, thereby rejecting the application filed by the applicant for grant of heirship certificate.

(2.) Brief facts of the revision can be stated as follows: One Eknath Ganesh Kasture was the owner of the land bearing Survey No.138 situated at Mouza Patunda, Tah. Nandura, District Buldhana and house bearing No.328 situated at village Alampur, Tah. Nandura. He died in the year 1958, leaving behind his widow Janabai, son Laxman and married daughter Nanibai. Janabai died on 01.12.1981. She was survived by the two sons by name Arvind and Baban and two daughters by name Nanibai and Malti. Laxman died on 02.12.2009 and his wife Vimal died on 21.07.1992. Arvind the son of Nanibai died on 30.12.1998 and his wife Sindhu died on 08.02.2004, they were survived by nonapplicant No.1 Parag and nonapplicant No.2 Sharad. Baban, Nalini, Devki @ Malti, who were the children of Nanibai, are the applicants in this case.

(3.) According to the applicants, during her life time Nanibai has executed a Will in favour of her son on 01.10.2003, which was registered on 15.10.2003 before SubRegistrar, Nagpur, bequeathing her property and share in favour of her son applicant No.1Baban. On the basis of this willdeed executed by Nanibai, the applicants herein filed the application for grant of heirship certificate under the provisions of Bombay Regulation VIII of 1827, submitting that they have become the owners of the property left behind by Eknath and which was succeeded by Nanibai and as Nanibai has bequeathed the same to applicant No.1Baban. It was also contended that as Laxman had died issueless, his share in the property is also devolved upon the applicants and hence they are entitled to manage the whole of the property, left behind by Eknath.