Himachal Pradesh High Court
State Of H.P. & Another vs . Baldev Singh & Others on 15 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
State of H.P. & another vs. Baldev Singh & others .
RFA No.438 of 2019 15.03.2022 Present: Mr.Kuldeep Chand, Deputy Advocate General, for the the appellants.
Mr.Hem Chand Sharma, Advocate, for respondents No.1, 2(a) to 2(c) and 3(a) to 3(f).
CMP(M) No.1054 of 2021 This application has been filed for substitution of deceased respondent No.3 Durma Devi through her legal heirs.
As per legal heir certificate placed on record by applicants-appellants, following persons are natural legal heirs of deceased Durma Devi:-
Sl.No. Name Age Relation
Year month
1. BALDEV 62 0 SON
CHAUHAN
2. VIDYA DEVI 60 0 DAUGHTER
3. AKSHAY KUMAR 25 0 GRAND SON
4. KUSUM LATA 54 0 DAUGHTER IN LAW
5. ANTRA DEVI 27 0 GRAND DAUGHTER
6. SUMITRA DEVI 52 0 DAUGHTER
Out of aforesaid persons Baldev Chauhan, Kusum Lata, Akshay and Antra Devi are already on record as respondents No.1, 2(a) to 2(c).
Reply has been filed, wherein it has been claimed that deceased Durma Devi was having four children namely Baldev Chauhan, Gopal Singh (both sons), Vidya Devi and Sumitra Devi (both daughters). It has further been stated that Durma Devi had executed a Will in favour of Baldev Chauhan and Gopal Singh excluding Vidya Devi and Sumitra Devi. Before death of Durma Devi, Gopal Singh has expired and his natural legal heirs are his ::: Downloaded on - 15/03/2022 20:13:26 :::CIS wife and children i.e. Kusum Lata, Akshay and Antra Devi. Copy of .
mutation No.84 dated 22.03.2021 has been placed on record, wherein it has been recorded that Durma Devi had executed a Will in favour of her sons Baldev Chauhan and Gopal Singh, but Gopal Singh has expired prior to Durma Devi and, therefore, on the basis of Will and succession of Gopal, estate of Durma Devi has been inherited by Baldev Chauhan, Kusum Lata, Akshay and Antra Devi, r to wherein Kusum Lata, Akshay and Antra Devi had inherited half of the estate of Durma Devi. Whereas, another half portion of estate of Durma Devi has been inherited by Baldev Chauhan. This mutation has been attested in presence of Sumitra Devi and Vidya Devi, who had communicated no objection for devolving estate of Durma Devi on the basis of Will.
Land in reference is comprised in Khasra Nos.171, 179, 180 and 184 on which land is the same, which is subject matter of the acquisition and Reference Petition.
Baldev Chauhan, Kusum Lata, Akshay and Antra Devi are already on record, therefore, name of Durma Devi is ordered to be deleted from the array of parties with clarification that amount of compensation falling in her share has to be apportioned in two equal shares i.e. one share will go to Baldev Chauhan and another share will go to Kusum Lata, Akshay and Antra Devi.
Application is disposed of in aforesaid terms. RFA No.438 of 2019 Amended memo of parties be filed within two weeks. List for hearing in due course.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 15/03/2022 20:13:26 :::CIS