Radhabai Balasaheb Shirke, since deceased, through her heirs & L. Rs. VS Keshav Ramchandra Jadhav

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. S. CHANDURKAR, JITENDRA JAIN
Radhabai Balasaheb Shirke, since deceased, through her heirs & L. Rs. – Appellant
Versus
Keshav Ramchandra Jadhav – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. S. G. Deshmukh a/w. Mr. Uday B. Nighot and Adv. Sulajja Patil, Mr. Ram S. Apte, Senior Advocate a/w. Mr. Mayuresh Lagu and Mr. Sagat Patil
For the Respondent:Mr. Drupad Patil a/w. Mrs. Rutuja Ambekar, Mr. Namit Pansare, Mr. Rugved Kinkar and Ms. Srushti Chalke, Mr. Abhijit B. Kadam a/w. Mr. Ashish Chavan , Mr. Ashutosh A. Kumbhakoni, Senior Advocate a/w. Mr. Sarthak S. Diwan, Mr. Manoj Badgujar and Ms. Sneha S. Bhange , Mr. R. M. Haridas a/w. Mr. Pratik Rahade, Mr. Somnath Thengal and Mr. Sumeet Khaire i/b. Mr. Anil Shitole

JUDGMENT :

Jitendra Jain, J.

1. In Second Appeal No.593 of 1987, the following substantial question of law arose for consideration :

“Whether a daughter could acquire any right, either limited or absolute, by inheritance prior to coming into force of the Hindu Succession Act, 1956 in the property of her deceased father, who died prior to 1956, leaving behind him in addition to such daughter, his widow as well?”

2. The facts giving rise to the aforesaid substantial question of law are that one Yeshwantrao had two wives, Laxmibai and Bhikubai – Yeshwantrao had two daughters from Laxmibai, namely Sonubai and Radhabai. From his marriage with Bhikubai, he had a daughter, Champubai. Laxmibai pre-deceased her husband in 1930. Sonubai expired in 1949 while Yeshwantrao expired on 10th June 1952. Bhikubai expired on 8th July 1973 after executing a will in favour of her daughter Champubai on 14th August 1956. Radhabai, the daughter from the first marriage of Yeshwantrao filed suit for declaration that she had half share in the properties left behind by her father and sought partition of the same. The trial Court dismissed the suit holding that Bhikubai alone inherited the suit properties in view

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A. S. CHANDURKAR, JITENDRA JAINRadhabai Balasaheb Shirke, since deceased, through her heirs & L. Rs. – AppellantVersusKeshav Ramchandra Jadhav – Respondent

Cases Referred (4)

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