Bombay High Court
Yogita Anil Sangwai And Others vs The State Of Maharashtra on 9 February, 2021
Bench: V.K. Jadhav
1 974-WP-2041-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
974 WRIT PETITION NO. 2041 OF 2021
YOGITA W/O ANIL SANGWAI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
......
Advocate for Petitioners : Mr. M. G. Deokate
AGP for Respondent-State : Mr. R. D. Sanap
.....
CORAM : V. K. JADHAV, J.
DATED : 9TH FEBRUARY, 2021
PER COURT :-
1. Heard finally with consent at admission state.
2. The petitioners have filed Civil Misc. Application
(Kachcha Nond) No. 227 of 2019 for issuance of legal
heirship certificate before Civil Judge Junior Division, Jintur,
being legal heirs of deceased Yashwant Choudhari and
Mangala Choudhari. Petitioner nos. 1 and 3 are daughters
and petitioner no.2 is the son of deceased parents.
3. Learned counsel for the petitioners submits that
deceased persons had no fixed abode at the time of their
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death. Deceased Yashwant so also deceased Mangala was
serving as Assistant Teacher at Zilla Parishad, Parbhani and
as per the pension papers, they were receiving pension from
Parbhani Zilla Parishad. Learned counsel submits that both
the parents for some time resided with petitioner daughters
or some time with the petitioner son. Learned counsel
submits that in terms of the provisions of Section 271 of the
Indian Succession Act, 1925, the learned Civil Judge Junior
Division, Jintur, District Parbhani gets jurisdiction to decide
the application seeking legal heirship certificate. However,
by the impugned order dated 25.02.2020 the learned Civil
Judge Junior Division, Jintur has returned the application to
the petitioners herein for presenting it before the court
having jurisdiction to entertain and try the application.
4. I have also heard learned AGP for the respondent-
State.
5. Section 271 of the Indian Succession Act, 1925 reads
as under:
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"271. Disposal of application made to Judge of
district in which deceased had no fixed
abode.--When the application is made to the
Judge of a district in which the deceased had
no fixed abode at the time of his death, it
shall be in the discretion of the Judge to
refuse the application, if in his judgment it
could be disposed of more justly or
conveniently in another district, or, where the
application is for letters of administration, to
grant them absolutely, or limited to the
property within his own jurisdiction."
6. In the instant case, petitioner nos.1 and 3 are the
daughters and petitioner no. 2 is the son of deceased
Yashwant and Mangala. Deceased Yashwant and Mangala
were serving as Assistant Teachers in the school of Zilla
Parishad, Parbhani till their retirement on superannuation on
on 01.02.2006 and 31.08.2009 respectively. Both of them
had no fixed abode at the time of their death. Either they
were residing with the petitioner daughters or some time
with the petitioner son. In view of the same, the provisions
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of Section 271 of the Indian Succession Act, 1925 squarely
apply to the case of the petitioners and in view of the same,
the Civil Judge Junior Division, Jintur gets jurisdiction to
entertain and decide the application filed by the petitioners
seeking legal heirship certificate.
7. In view of the above, the Writ Petition is allowed in
terms of prayer clauses "C" and "D".
8. The Writ Petition is accordingly disposed off.
( V. K. JADHAV, J. )
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