Judgment · High Court · 2025
Case at a glance
Provisions considered
- Hindu Succession Act, 1956 ss. 9, 15(1)(b)
Key paragraphs
- Para 11. Ld. Advocate for the Petitioner submits that as per Section 15(1) (b) of the Hindu Succession Act, 1956, the surviving sister of the husband of the deceased namely Nanubai Kshirsagar, the only class- II entry-II legal heir, as per the Section 9 of the…
Judgment
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 28th January, 2025 P. C. : Shri. M. L. Verma Ld. Advocate for the Petitioner
Ld. Advocate for the Petitioner submits that as per Section 15(1) (b) of the Hindu Succession Act, 1956, the surviving sister of the husband of the deceased namely Nanubai Kshirsagar, the only class- II entry-II legal heir, as per the Section 9 of the Hindu Succession Act, 1956, is alive. Whereas, Suresh, Baban and Sushila are the class-II entry-IV legal heirs. Hence, Nanubai will have the preferential right over theses persons. Submission is accepted. Praeicpe is allowed. Petitioner is also permitted to aver the fact about the mother and father of deceased, as per Rule 389 of the Bombay High Court (OS) Rules, 1980.
Petitioner to carry out an amendment within two weeks from the date of uploading of this order, if petition is pending. Amended petition to be uploaded in the portal within 05 days from the date of the amendment.
Furthermore, petitioner to comply earlier orders.
S. O. to 26.02.2025
28.01.2025 with Testamentary Department Officer on Special Duty,
Questions this judgment answers
Which statutory provisions did this judgment involve?
Hindu Succession Act, 1956 — ss. 9, 15(1)(b).
Which court decided this case, and when?
Bombay High Court, on 28 Jan 2025.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.