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SANDIPKUMAR C. MORE
Ranjana w/o. Sanjaykumar Landge – Appellant
Versus
Sunita Sanjaykumar Landge – Respondent
JUDGMENT :
1. The present appellants/original petitioners, by way of this appeal, have challenged the judgment dated 15.07.2022 in Misc. Civil Application (MCA) No.381 of 2020 passed by the Civil Judge Senior Division, Ambajogai, District Beed, whereby their application is returned under Order VII Rule 10 of Code of Civil Procedure (CPC) for filing it to the Court having proper jurisdiction.
2. The background facts are as under:
The appellants have filed MCA No.381 of 2020 on 11.10.2019 in the Court of Civil Judge Junior Division, Parli-Vaijnath for getting Heirship Certificate in respect of the deceased Sanjaykumar Dattatray Landge under Section VIII of the Bombay Regulation Act, 1827, being the legal heirs. The present respondents/original objection petitioners, in response to the paper publication, appeared in the said application and raised the contention by opposing the claim of the present appellants. Since the application was contested, the proceedings were transferred to the Court of Civil Judge Senior Division, Ambajogai.
3. The learned Civil Judge Senior Division i.e. the learned trial Court, by conducting the trial, after adducing evidence by the parties, returned the procee
The court upheld the trial court's decision to return the application for lack of jurisdiction, emphasizing the need for reliable evidence of residence for Heirship Certificate claims.
The central legal point established in the judgment is the proper consideration and application of the provisions of the Indian Succession Act, 1925 and the Bombay Regulation VIII of 1827 in matters ....
Issue as to whether the property involved is beyond the pecuniary jurisdiction of the Civil Judge or not can be raised before the Civil Court and considered after affording opportunities to the rival....
The jurisdiction for probate applications lies where the testator last resided, irrespective of the location of their property, underscoring the importance of residence in jurisdictional determinatio....
The Subordinate Judge had jurisdiction to grant succession certificates, but the validity of marriages must be clearly established to determine legal heirs.
Jurisdiction under the Guardians and Wards Act is determined by the minor’s ordinary residence, requiring factual examination, and cannot be resolved solely on procedural grounds.
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