Shri. Vilas Dashrath Shinde And Ors vs Shri. Ajay Kashinath Shinde And Ors
2024 Latest Caselaw 764 Bom

Bombay High Court

Shri. Vilas Dashrath Shinde And Ors vs Shri. Ajay Kashinath Shinde And Ors on 12 January, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

                                                                 11-SA-712-2015.doc


Harish
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                     SECOND APPEAL NO.712 OF 2015
                                 WITH
                   CIVIL APPLICATION NO.1531 OF 2015
                                 WITH
                   CIVIL APPLICATION NO.1530 OF 2015
                                  IN
                     SECOND APPEAL NO.712 OF 2015

Shri. Vilas Dashrath Shinde & Ors.
(Since deceased thr. Legal heirs)
Vidya Vilas Shinde & Ors.                                    ...Appellants/
                                                               Applicants
       Versus
Shri. Ajay Kashinath Shinde & Ors                            ...Respondents

                                --------------------
Mr. Rakesh Sajor for the Appellants/Applicants.
Mr. Himanshu Kode for Respondent Nos. 1 & 2.
                                ---------------------

                             CORAM : SHARMILA U. DESHMUKH, J.

DATE : JANUARY 12, 2024

P. C. :

1. Heard.

2. Admit on the following substantial question of law :

Whether the First Appellate Court in an Application filed for grant of heirship certificate under the provisions of Bombay Regulation Act, (VIII) of 1827 was justified in determining the

11-SA-712-2015.doc

legal rights of the parties qua the Hindu Succession Act, 1956 without considering that the grant of heirship certificate is only a formal recognition of being the heir of the deceased and does not confer any right or liability in favour of the person to whom it is granted ?

3. Call for record and proceedings.

4. Printing dispensed with.

5. Appellant to file private paper book containing judgments of both

the Courts, First Appeal Memo, pleadings, notes of evidence and

exhibited documents within a period of one year from today.

(SHARMILA U. DESHMUKH, J. )

Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 15/01/2024 10:52:13