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
brothers and sisters of the deceased and their children
are Class2 heirs. But the sister and brother and their
children are not the dependents ... 5408/2021
are not dependents. Though they are the Class2 heirs
of the deceased, but are not dependents on the
earnings of the deceased
present appellant comes under the class II legal heirs and in presence of the
class I legal heir, class 2 legal heirs has no authority ... only be considered as class II
legal heir and in absence of first class legal heir only she can claim the right of
succession
relief to declare
that the plaintiffs and defendant Nos.2 to 8 are class 2 heirs of
deceased Ravutappa and his wife and they have ... case of the
plaintiffs that they are the class 2 heirs of adopted father of
defendant No.1 and it is their case that they
only the Class 1
heirs are shown in the legal heirship certificate since the father of the deceased
is a Class 2 Heir ... legal heirship certificate was issued only by showing
the names of Class -1 heirs. This position was subsequently clarified by the Full
bench of this
deceased and
therefore, impleaded as respondent no. 2. Respondent no. 2
is not a class-I legal heir of the deceased. Being a nominee ... Class-I legal heir rather brother of
the deceased would fall within Class-II legal heir. Despite
being a Class-II legal heir, respondent
were only the Class-I legal heirs. The defendant
was not at all a Class-I legal heir. The defendant did not prove that ... they are the
Class-I legal heirs. The defendant was not at all a Class-I legal heir
to Palaparthi Satyanarayana, being the daughter
Eknath. Thereafter, Babaso died on 04.10.1980. Babaso is
survived by 2 Class-I heirs namely his mother Sarojabai
and wife Dhondubai. Babaso's ¼ share ... would devolve on 2 Class-I heirs namely Sarojabai and
Dhondubai. Thus, Dhondubai, defendant No.1 will acquire
1/8th share in the suit properties
issueless? OPD-1 & 2.
5) Whether late Sh. Rakesh Kumar Berry was survived by only
class- 2 legal heirs i.e. deceased defendant ... they are the only Class-II legal heirs of late Rakesh Kumar
Berry with no surviving Class-I legal heir. The relevant issue
for deciding
became a class-I legal heir to her husband as
there were no other legal heirs for claiming under class-I
heir. Further, the plaintiff ... 2
and learned counsel for the plaintiff.
12. Learned counsel for the defendant No.2 submits
that defendant No.2 is the class -I heir
