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Documents citing Woman Govind Shindore And Ors. vs Gopal Baburao Chakradeo And Ors. on 21 December, 1983

Deo Nandan Gope vs Suraj Narayan Gope (Dead And ... on 25 November, 2025

In the judgement reported in 1983 SCC Online Bombay 304 (Waman Govind Shindore v. Gopal Baburao Chakradeo), it has been held in paragraph 13 that on a plain reading of the provisions of section 18 of the Act of 1956, it appears to be clear that it is nothing but a substantial reproduction of the prevalent rule of Hindu Law under which relations of the whole blood were preferred to those of the half-blood if their degree of relationship to the deceased was the same. Section 18 provides for a preference of one category of heirs to another.
Jharkhand High Court Cites 19 - Cited by 0 - A R Choudhary - Full Document

Deo Nandan Gope vs Suraj Narayan Gope (Dead And ... on 25 November, 2025

In the judgement reported in 1983 SCC Online Bombay 304 (Waman Govind Shindore v. Gopal Baburao Chakradeo), it has been held in paragraph 13 that on a plain reading of the provisions of section 18 of the Act of 1956, it appears to be clear that it is nothing but a substantial reproduction of the prevalent rule of Hindu Law under which relations of the whole blood were preferred to those of the half-blood if their degree of relationship to the deceased was the same. Section 18 provides for a preference of one category of heirs to another.
Jharkhand High Court Cites 19 - Cited by 0 - A R Choudhary - Full Document

Ram Singari Devi And Ors. vs Govind Thakur And Ors. on 2 May, 2006

9. He also then referred to the provisions of Section 15(1)(d) of the Act and then to Section 8 read with Schedule. He then referred to the Illustration 5 as given in Mulla Hindu Law, 19th Edition by S.A. Desai. With reference to Section 18, his submission was that in its application, it applies only to' conflicting claims by two heirs of the same seniority/relationship with the deceased, one of whom is half blood who gets excluded in preference to full blood relation. It has no application where the relationship is at different levels. On the other hand, the learned Senior Counsel appearing for the contesting opposite parties submits that first Section 18 has to be applied and all heirs of whatever degree falling in half blood have to be excluded and then from amongst full blood heirs, an appropriate heir has to be selected with reference to the schedule to the Ad. Learned Senior Counsel appearing for the opposite party has placed reliance on a Full Bench decision of the Bombay High Court in the case of Waman Govind Shindore and Ors. v. Gopal Baburao Chakradeo and Ors. in regard to the interpretation and applicability of Section 18 of the Act. Both parties do not dispute that original plaintiff Banarsi Devi died issuless and without husband. The matter of succession would be dealt with in terms of Section 15(1)(d) of the Act where the property would devolve on the heirs of her father as if on the date of her death, the property belong to her father who died simultaneously.
Jharkhand High Court Cites 11 - Cited by 0 - Full Document

Ram Singari Devi And Ors. vs Govind Thakur And Ors. on 2 May, 2006

6. He also then referred to the provisions of Section 15(1)(d) of the Act and then to Section 8 read with Schedule. He then referred to the illustration 5 as given in Mulla Hindu Law 19th Edition by S.A. Desai. With reference to Section 18, his submission was that in its application, it applies only to conflicting claims by two heirs of the same seniority/relationship with the deceased, one of whom is half blood who gets excluded in preference to full blood relation. It has no application where the relationship is at different levels. On the other hand, the learned Senior Counsel appearing for the contesting opposite parties submits that first Section 18 has to be applied and all heirs of whatever degree falling in half blood have to be excluded and then from amongst full blood heirs, an appropriate heir has to be selected with reference to the schedule to the Act. Learned Senior Counsel appearing for the opposite party has placed reliance on a Full Bench decision of the Bombay High Court in the case of Waman Govind Shindore and Ors. v. Gopal Baburao Chakradeo and Ors. in regard to the interpretaton and applicability of Section 18 of the Act. Both parties do not dispute that original plaintiff Banarsi Devi died issueless and Page 1115 without husband. The matter of succession would be dealt with in terms of Section 15(1)(d) of the Act where the property would devolve on the heirs of her father as if on the date of her death, the property belong to her father who died simultaneously.
Patna High Court Cites 10 - Cited by 0 - N P Singh - Full Document

Heera Lal vs Smt.Tijia Bai & Ors on 18 August, 2011

17. No doubt, it is true that defendant no.1 Heeralal is the step-brother of Kalawati's husband Dwarka Prasad but he is the half blood brother of plaintiffs. In this regard, it would be apposite to go through Section 3 of the Act of 1956 which pertains to definitions and interpretation and particularly sub-section (1) clause (e) (i) according to which two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but; by different wives. Needless to say rather it is an admitted position that defendant no.1 Heeralal is step-brother of Kalawati's husband Dwarka 11 S.A. No. 920/1997 Prasad while the plaintiffs are the real sisters of Dwarka Prasad and thus defendant no.1 Heeralal is also the step- brother of plaintiffs. At this juncture it would be apt to borrow some sufficient light from Section 18 of the Act of 1956 which speaks that heir of full blood having preferential right over half blood. According to this Section the heir related to a intestate by full blood shall be preferred to heir related to half blood, if the nature of relationship is the same in every other respect and therefore I am of the view that the plaintiffs being the real sisters of Dwarka Prasad are having preferential right over defendant no.1 Heera Lal who is the heir related by half blood of Dwarka Prasad. The aforesaid situation has been dealt by the Full Bench of the Bombay High Court Waman Govind Shindore and others Vs. Gopal Baburao Chakradeo and others AIR 1984 Bombay 208 and also by the Kerala High Court Narayanan Vs. Pushprajini and others AIR 1991 Kerala 10.
Madhya Pradesh High Court Cites 14 - Cited by 1 - Full Document

Bisheshwar Mahto And Ors. vs State Of Bihar And Ors. Etc. on 13 December, 1990

12. Learned Counsel for the respondent is correct in asserting that Baldeo Singh was a half blood heir whereas Tara Devi is a full blood heir. But then this by itself cannot give a preferential right of succession to Tara Devi. This rule of preference contained in Section 18 of the Act will have its application only if "the nature of the relationship is the same in every other respect." Admittedly, in this case, the nature of relationship of Baldeo Singh and Tara Devi is not the same with the husband of the intestate, namely, Jagdish Singh. Baldeo Singh is the brother of Jagdish Singh falling in Entry II and Tara Devi is the niece i.e. daughter of his brother Rajmohan Singh falling in Entry IV. Therefore, under these circumstances, Section 18 of the Succession Act has no application. This view of mine is fully supported by a Full Bench decision of the Bombay High Court in the case of Waman Govind Shindore and Ors. v. Gopal Baburao Chakradeo and Ors. , where it has been held in para 14 that:
Patna High Court Cites 10 - Cited by 0 - Full Document

P. Jayaramaiah vs Aragonda Munemma And Ors. on 9 July, 2004

18. Similarly in a judgment in Woman Govind Shindore and Ors. v. Gopal Baburao Chakradeo and Ors., , it was mentioned that Section 18 of the Act refers to heirs related to intestate by full blood to be preferred to heirs related to him by half blood, these heirs may be male or female or both, subject to condition that the nature of relationship to the deceased is same, relations of whole blood whether male or female, are to be preferred to half blood. Full blood, half blood and uterine blood have been defined under Section 3(e) of the Act. We are concerned with definition of full blood and half blood which are mentioned in Section 3(e)(i) of the Act, which lays down:
Andhra HC (Pre-Telangana) Cites 6 - Cited by 0 - B Nazki - Full Document
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