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Umabai Widow of Shankarrav Vs. Bhavu Padmanji - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1877)ILR1Bom557
AppellantUmabai Widow of Shankarrav
RespondentBhavu Padmanji
Excerpt:
hindu law - blindness--incapacity for inheritance. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not the law declared by supreme court under article 141 of the constitution of india. said.....michael westropp, c.j.1. this court does not agree in the opinion of the district judge that hindus, though not born blind, are, if they become incurably blind, thereby rendered incapable of inheritance. see murariji gokaldas v. parvatibai i.l.r. 1 bom. 177 and anunta v. ramabai (supra, p. 554), in which latter case the incurable diseases, which incapacitate for inheritance, are mentioned. but, inasmuch as he has found as facts, that padmanji and bhavu were separate in estate, and that the house in dispute was purchased for bhavu as his absolute property with funds supplied for the purpose by kashi, his maternal grand-mother, the court affirms the district judge's decree with costs.
Judgment:

Michael Westropp, C.J.

1. This Court does not agree in the opinion of the District Judge that Hindus, though not born blind, are, if they become incurably blind, thereby rendered incapable of inheritance. See Murariji Gokaldas v. Parvatibai I.L.R. 1 Bom. 177 and Anunta v. Ramabai (supra, p. 554), in which latter case the incurable diseases, which incapacitate for inheritance, are mentioned. But, inasmuch as he has found as facts, that Padmanji and Bhavu were separate in estate, and that the house in dispute was purchased for Bhavu as his absolute property with funds supplied for the purpose by Kashi, his maternal grand-mother, the Court affirms the District Judge's decree with costs.


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