Subadra vs Sandeep Mahadev Dange
2022 Latest Caselaw 5116 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH
      DATED THIS THE 21 S T DAY OF MARCH, 2022
                        BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
             M.F.A.No.101874/2017 (P & SC)
 BETWEEN:

 1.     SUBADRA W/O DUNDAPPA DANGE,
        AGED ABOUT 65 YEARS,
        OCC: HOUSEHOLD WORK,

 2.     REKHA LAXMAN DUGGEWADI,
        AGED ABOUT 37 YEARS,
        OCC: HOUSEHOLD WORK,

 3.     LALITA DUNDAPPA DANGE,
        AGED ABOUT 65 YEARS,
        OCC: HOUSEHOLD WORK,

 ALL ARE R/O: DANGE GALLI, KANAGALA,
 TQ: HUKKERI, DIST: BELAGAVI.          ... APPELLANTS

 (BY SHRI S.A.AKALWADI, ADV. FOR
     SHRI B.M.PATIL, ADV.)

 AND:

 SANDEEP MAHADEV DANGE,
 AGED ABOUT 19 YEARS,
 OCC: STUDENT, R/O: ANKALE,
 TQ: HUKKERI, DIST: BELAGAVI.          ... RESPONDENT

 (BY SHRI SHIVARAJ S.BALLOLLI, ADV.)

       THIS APPEAL IS FILED UNDER SECTION 299 OF THE
 INDIAN SUCCESSON ACT, 1925, AGAINST THE ORDER DATED
 29.07.2015 PASSED IN P & SC No.15/2013 ON THE FILE OF
 THE VI-ADDITIONAL DISTRICT AND SESSIONS JUDGE,
                                                           -2-




                                                                       MFA No. 101874 of 2017


                        BELAVAGI, ALLOWING THE PETITION FILED UNDER SECTION
                        276 OF INDIAN SUCCESSION ACT, 1925.

                              THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
          Digitally
          signed by J
          MAMATHA
J
MAMATHA
          Location:
          Dharwad
          Date:
          2022.03.23
                        THE COURT DELIVERED THE FOLLOWING:
          11:16:48
          +0530




                                                    JUDGMENT

In this appeal, the grant of probate in respect of the

Will of Balakrishna Dundappa Dange to Sandeep Mahadev

Dange, son of the brother of Balakrishna Dundappa

Dange, is called in question.

2. The appellants admit the following genealogy:

Dundappa Dange

Mahadev (Died) Balakrishna Subadra (2nd wife) (died issueless) Geeta (wife)(died) Rekha Lalita Sandeep (2nd appellant) (3rd appellant) (respondent)

3. It is the admitted case of the appellants that

the 1st appellant i.e., Subadra was the 2nd wife of

Dundappa Dange and appellants 2 and 3 are the

daughters of the said Subadra.

MFA No. 101874 of 2017

4. It is the case of the appellants that the

respondent i.e., Sandeep Mahadev Dange, had obtained a

Probate without making them as a party and that they

were also entitled to a right in the property and were

therefore, aggrieved by the grant of probate.

5. As per the admitted genealogy, the testator

Balakrishna Dundappa Dange had only one brother who

had predeceased him. His father Dundappa Dange had

also predeceased him. Since Balakrishna Dundappa

Dange did not leave behind him his father or his brother

and since he was unmarried, obviously it is only his

brother's son i.e., Sandeep Mahadev Dange, (the

respondent herein) would be entitled to succeed as a

Class II heir.

6. The appellants who are the step mother and

the sisters by half blood of Balakrishna Dundapa Dange,

cannot be Class II heirs to enable them to have a say in

the matter of the property of Balakrishna Dundappa

Dange. In other words, since the appellants are not the

Class II heirs of the deceased Balakrishna Dundappa

MFA No. 101874 of 2017

Dange, they would have no right to challenge the bequest

made in favour of the respondent by Balakrishna

Dundappa Dange. There is therefore no need to interfere

with the order passed by the Trial Court and the appeal is

accordingly dismissed.

7. Since the appeal is dismissed on merits, the

application for permission to prosecute is unnecessary.

(Sd/-) JUDGE

Jm/-