legally wedded wife of deceased-Shivanand and prayed for issuing heirship certificate showing herself and respondent 1 as heirs of the deceased-Shivanand. The petitioner ... survivors of deceased-Shivanand and issued the heirship certificate. Feeling aggrieved by the order passed by the 5th respondent dated 10-10-2000, the petitioner
Jayashree, they did not have any issues and they have
also obtained Heirship Certificate by showing that the
petitioner No.4 is the legal heir ... issued in favour of the
present petitioner No.4 and the Heirship Certificate issued
6
by the competent authority and in any event the
respondent
wife of late Venkanna Hamanna Nayak, the learned Counsel relied upon the heirship certificate dated 8th January, 1993, a copy of which has been produced ... Hamanna Nayak, is the second wife of late Venkanna Hamanna Nayak. The heirship certificate, Annexure-B, dated 8th January, 1993 issued by the Tahsildar, Ankola
respect of
declaration of title but it is pertaining to declaration of
heirship of deceased ward. It is further asserted that in the
original suit ... plaintiff was dismissed
only on the ground that it only declares the heirship and it
will not declare the title and will not affect
finding given by the Tribunal with regard to legal heirship of the
respondents is in order and supported by the finding of the civil court ... that finding of the civil
court which reached finality as to legal heirship, decision has been taken
and the Division Bench or the Tribunal
noted that the issue in question
pertains to the legal status and heirship claims over
immovable property, which are inherently contentious and
involve adjudication ... Village Accountant cannot form the basis
for adjudicating disputed claims of legal heirship or
succession.
5. Though learned counsel for the petitioner
strenuously argued that
approach the Civil Court for a
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declaration over their legal heirship to the lands in
question through the barawardar. Hence ... direction to approach the Civil Court for a
declaration of the legal heirship.
4. The District Judge having regard to the
authoritative pronouncements of this
tenancy even where it becomes necessary to decide questions such as heirship, succession and existence of a joint family for the purpose of granting occupancy ... rival claimants if it becomes necessary to decide questions such as heirship, succession and existence of a joint family, and the like, how should
defined in the Act.
But, where there are rival claims involving heirship, succession existence of a joint family and the like the issues that arise ... said Ruling has held that when there are rival claims involving heirship, succession existence of a joint family and the like the issues that arise
parties or
persons claiming through them wherein the
question of succession or heirship to the deceased ... appeal has been
provided for.
(iv) The concepts of legal representative and
heirship of a deceased party are entirely
different. In order to constitute
