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Nahalchand Harakchand Vs. Hemchand and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom31
AppellantNahalchand Harakchand
RespondentHemchand and anr.
Excerpt:
hindu law - inheritance--vyavchara mayukh ch.iv section 8--sons of a separated brother--widow of a united brother's son. - 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..........the latter was undivided in interest from fatechand. the members of the compact series' of heirs specifically enumerated take in the order in which they are enumerated-yy. m., ch. iv, section viii, 18-preferably to those lower in the list and to the widows of any relatives whether bear or remote, though where the group of specified heirs has been exhausted, the right of the widow is recognized to take her husband's place in competition with the representative of a remoter line. we, therefore, reverse the decree of the district court and remand the case for disposal on the other questions which arise in it. costs of this appeal to be paid by respondents; the other costs to be dealt with in the final decision.
Judgment:

West, J.

1. Referring to the oases cited and to Lallubhai v. Bapubhai I.L.R. 2 Bom. 388 we hold that the nephews of Fatechand, sons of Harakchand though separated, were his heirs in preference to the widow of another heir Lalu, though: the latter was undivided in interest from Fatechand. The members of the compact series' of heirs specifically enumerated take in the order in which they are enumerated-Yy. M., ch. iv, Section viii, 18-preferably to those lower in the list and to the widows of any relatives whether Bear or remote, though where the group of specified heirs has been exhausted, the right of the widow is recognized to take her husband's place in competition with the representative of a remoter line. We, therefore, reverse the decree of the District Court and remand the case for disposal on the other questions which arise in it. Costs of this appeal to be paid by respondents; the other costs to be dealt with in the final decision.


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