The Bombay High Court recently allowed a miscellaneous petition that sought revocation of a Legal Heirship Certificate granted under Section 2 of the Bombay Regulation VIII of 1827 to respondents.
Justice SC Gupte heard the petition filed by one Kusum Chandrakant Shankardas and her two daughters. The petitioner is the widow of Chandrakant Shankardas, a retired Army officer who died intestate (without making a will) in August 2013.
In 1969, Chandrakant Shankardas married Rajeshri, the petitioner’s sister. They had two daughters together, but in 1982, they started living separately. It was the case of the petitioners that there was a customary divorce between the deceased and Respondent No.1 (Rajeshri) in 1983, after which they started living separately, and on May 25, 1984, the deceased married the petitioner as per Hindu rites and customs. The couple had two daughters, one was born in 1986 and the second daughter was born in 1993. The four were living in a tenement that was being redeveloped by the Slum Rehabilitation Authority (SRA). After the death of Chandrakant in 2013, the petitioner started receiving Rs 14,000 from the developer, which continue till March 2016. In March 2016, the petitioners filed an application under RTI and learnt that the respondents (Rajeshri and her two daughters) had obtained a legal heirship certificate through a miscellaneous application in 2015. On the basis of the said certificate, the collector had added the name of Rajeshri in the redevelopment project. When the petitioners raised an objection before the SRA, it was rejected. Thus, the petitioners filed the present petition for revocation of the heirship certificate.
In 1969, Chandrakant Shankardas married Rajeshri, the petitioner’s sister. They had two daughters together, but in 1982, they started living separately. It was the case of the petitioners that there was a customary divorce between the deceased and Respondent No.1 (Rajeshri) in 1983, after which they started living separately, and on May 25, 1984, the deceased married the petitioner as per Hindu rites and customs. The couple had two daughters, one was born in 1986 and the second daughter was born in 1993. The four were living in a tenement that was being redeveloped by the Slum Rehabilitation Authority (SRA). After the death of Chandrakant in 2013, the petitioner started receiving Rs 14,000 from the developer, which continue till March 2016. In March 2016, the petitioners filed an application under RTI and learnt that the respondents (Rajeshri and her two daughters) had obtained a legal heirship certificate through a miscellaneous application in 2015. On the basis of the said certificate, the collector had added the name of Rajeshri in the redevelopment project. When the petitioners raised an objection before the SRA, it was rejected. Thus, the petitioners filed the present petition for revocation of the heirship certificate.
No comments:
Post a Comment