heirs being the relatives specified in Class I of the schedule; secondly if there s no heir of Class I, then up on the heirs ... heirs were divided into four classes of categories, namely, (1) heirs in Class I of the Schedule, (2) heirs in Class II of the schedule
Class-I heirs of deceased
Ankush. Plaintiff no. 1, being the father of deceased Ankush,
is a Class-II heir. Hence, plaintiff no.1 would ... denied by respondent no. 1. Plaintiff nos. 2 to 4, the Class-I
heirs of deceased Ankush, have relinquished their right to
seek specific performance
Defendant Nos.2 to 6 are the sons of Ramu.
5. Said Gourabai died on 27.8.1971. She had no class I heirs.
Megha ... Gourabai. The Plaintiff further claims that
being Class-II heirs, he is entitled to 2/3 share and the Defendant
Nos.2
Deshpande, Advocate holding for
Shri P.R. Patil, Advocate for respondent No.2-B
.......
CORAM : R. G. AVACHAT, J.
DATE : 4th MARCH, 2021.
ORDER:
Heard ... representatives/ Class-I
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C.A. No.745/2017
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heirs of deceased
sole heir of Dhondibai Rajaram Patil. So also, the plaintiffs failed
to prove that they acquired title of the suit property being legal heirs ... upon the plaintiffs to prove that they are either Class- 1 or Class- 2 legal
heirs under the Provisions of Hindu Succession Act . However
classes of heirs by
consanguinity.-- (1) Heirs by consanguinity
are divided into three classes, and each
class is subdivided into two sections.
These classes ... divided into three classes with each class
being divided into two sub-classes. Parents fall in sub-class (i) of
Class (I). Children and lineal
they deemed to be a mixed class between the second (Kshatriya) and the third (Vaisya) of the regenerate classes, and that the mother of Gopinadha ... mixed classes between the second and the third of the regenerate classes, could not succeed simply as heir of Padmanabha (2
heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs ... heirs specified in class I of the Schedule and the heirs will have to be found under clause (b). Class II of the Schedule contains
2 for Rs. 2,500. On the same day Bhau Govinda sold to Raghunath Narayan Jadhav (defendant in suit No. 168 of 1940) the property ... learned First Class Subordinate Judge raised issues (1) Is the plaintiff the heir of the deceased Nana Bala ? and (2) Who is the nearest heir
related to the deceased.
3. The heirs of a Hindu governed by the Mitakshara school are (1) sapindas, (2) failing them, samanodakas ... founded it upon propinquity. After detailing the heirs coming within the class of sapindas he states, chapter 2, Section 5, verse 6, the law relating
