heirs, being the relatives specified in class I of the Schedule; secondly, if there is no heir of class I, then upon the heirs, being ... such property.
THE SCHEDULE
(See Section 8 )
HEIRS IN CLASS I AND CLASS II
Class I
Son; daughter; widow; mother; son of a pre-deceased
heir of class I, then
upon the heirs, being the relatives specified in class II of
the Schedule;
(c) thirdly, if there is no heir ... Class II
heirs of deceased male who died intestate.
21
OS 6744/22-Judgment
THE SCHEDULE
(See section 8 )
HEIRS IN CLASS I AND CLASS
male issue-
Expression "my heirs" meaning of-Testator whether created an
artificial class of heirs-Term heirs used in a will-How
construed ... artificial" class
of ultimate residuary legatees.
(2) This class of legatees or "my heirs" did not
acquire a vested interest
viii. J Samuel & Others vs Gattu Mahesh & Ors, 2012 (2) SCC
300.
18. I have considered the impugned order passed by the court ... petitioner as the legal
representative of the deceased plaintiff, Ponnusamy as class 2 heir. That was
allowed on 9.9.2014. Thereafter, the petitioner filed
nephew of Saverappa and he is not a class-I heir
of Saverappa. When class-I heirs are there he cannot
inherit the property ... cannot become class-I heir and further
it is for the KSRTC authority to decide as to who are the
class-I heirs
Devi Nambiar and Others vs. T.C.Sidhan (Dead ) (2004) 2 SCC 321".
30. Learned counsel for the plaintiff placed a case ... purview of Class-II heirs under the Succession Act . It is relevant to mention
that the testatrix died issueless without Class-I heirs
they visited Delhi.
Inasmuch as Respondents 2 and 3 claim that they are natural
legal heirs or Class II heirs of the testatrix, they ... that despite there
being no Class I heirs, the only 2 Class II heirs of the testatrix have been left
out from the Will. That
Share of suit property in the capacity of
Class 2 legal heirs (being surviving sisters) of Late Sh Pankaj
Kumar Mittal ... pertinent to mention that defendant No 3 and 4 being
Class 2 legal heirs of Late Sh Pankaj Kumar Mittal never
stayed in said property
fifth of the market value of the suit property under clause 2 of sub-section (iv A) of section 7 of the 1870 Act. According ... plaint averments being brothers, the appellants and respondent no.3 being class 2 heirs would have succeeded the property of deceased respondent.
Here we would
only legal heir her sister-in-law Mrs.Thara
Bai being Class 2 Heir. Thereafter, Mrs.Thara Bai filed
