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CHHATTISGARH HIGH COURT
A, J
legal heirs of Bondka – Appellant
Versus
legal heirs of Goju – Respondent
| Table of Content |
|---|
| 1. summary of relationships and property ownership. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. identifying the substantial question of law. (Para 7 , 8) |
| 3. determining legal succession under hindu succession act. (Para 9 , 10) |
| 4. explanation of inheritance rights according to specific sections. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's main ruling on the legal error in lower courts. (Para 17 , 18) |
| 6. final court decision and order. (Para 19 , 20 , 21 , 22) |
1. Goju, Chachi and Bondka were brothers. Goju died prior to the death of Chachi.
2. Suit land i.e. 7.74 acres of agricultural land situated at village Bastar, Patwari Halka No. 52, R.I. Circle Menpuri, Tahsil Jagdalpur, District Bastar was self earned property of Chachi. After the death of Chachi, it devolved upon Mst. Sukali i.e. his wife. Mst. Sukali also died sometime in the year 1989-90, and thereupon this dispute about the inheritance to the suit land left behind by Mst. Sukali, has arisen between the parties. Both the parties claim on the basis of Hindu Succession Act, 1956 .
3. As the suit land was mutated in the name of Bondka and after his death in the year 1992 in the name of defendants i.e. heirs of Bondka, a suit
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