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

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

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.
Bombay High Court Cites 22 - Cited by 7 - Full Document
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