Legal Reference Library

The bench of Dipak Misra and R. Banumathi, JJ held that the brother of a married female tenant is neither a ‘heir’ as visualized under Section 3(a) nor ‘family’ within the meaning of Section 3(g) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. In the present case, the suit property was taken on rent by the father-in-law of deceased tenant and after his death, his son became tenant of the suit property. Upon his death, his wife i.e. the appellant’s sister became the tenant of the suit property. The Court noticed that the word ‘heir’ is not defined in the Act and hence, it has to be given the same meaning as would be applicable to the general law of succession. Section 15 of the Hindu Succession Act lays down the general order of succession to the property of a female intestate who dies after the commencement of the Hindu Succession Act and the exception carved out in Section 15(2)(b) provides for a special order of succession in case of property inher...

Awarding Rs 51.75 lakh to a married woman for the accidental death of her brother, a Motor Accident Claims Tribunal has held that legal heirs, even if not dependent on the deceased, are eligible for compensation. The claimant, Divya Alok Srivastav informed Thane MACT that on May 23, 2007, her brother 237-year-old brother Abhisek Kumar, who worked with ICICI Prudential Life Insurance and earned about Rs 4 lakh salary per year, had hired a taxi One Sai Network Agency and proceeded to Shirdi along with her parents to offer prayers. The next morning they were on way to Pune when car driver Sagar Vilas Lokhande, who was allegedly speeding, lost control over the vehicle which rammed into a tree at roadside. In the accident, the claimant’s father, mother, brother Abhishek and the taxi driver died on the spot. Divya alleged that the accident occurred due to the driver’s sole negligence, and that she was eligible for compensation for her brother’s death. The taxi owner did not contest...