Legal Reference Library

In Rampali vs State Govt. of NCT of Delhi, the Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the nominee. Justice Valmiki Mehta was hearing an appeal against an order by the trial court dated January 18, 2017, wherein the application for revocation of succession certificate filed by the appellant was rejected. The succession certificate was granted to Sonia Yadav and Bhim Singh, daughter and husband of deceased Kamla Devi, who passed away on April 25 last year. The appellant, Rampali, is the deceased’s sister. She sought revocation of the succession certificate on two grounds. One, the father and daughter had not been residing with the deceased for 35 years and secondly, in government records, Rampali was Kamala Devi’s nominee. The trial court dismissed this application on the ground that Sonia Yadav and Bhim Singh were the legal heirs of Kamla Devi under Section 15 (1)(a) of ...

The Delhi High Court, in the case of Rampali vs The State Govt of NCT of Delhi, has reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs (as per the Hindu Succession Act) shall be entitled to inherit the property of the deceased. In the present case, an appeal was filed to revoke the trial court’s order of dismissal of Rampali’s (deceased’s sister) succession certificate. Justice Valmiki J Mehta noted that the trial court had rightly awarded the succession certificate to the husband and daughter of Kamla Devi (the deceased), who were her legal heirs according to the Hindu Succession Act. The revocation was prayed for on the grounds that Kamla Devi had not been residing with her husband and daughter for over 35 years and that Rampali was shown to be her nominee in her government employment records. The opinion of the trial court noting that the revocation was right in light of Section 15(1)(a) of the Hindu Succession Act, was upheld by t...

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...

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le...

Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father. Division Bench comprising of Justices A.K. Sikri and R.K. Agrawal made this observation in an appeal arising out of a suit filed by an adopted son claiming his right to inherit properties which belonged to his father, who died intestate. Another relative contested the suit claiming that the appellant is not the son and hence the latter filed an application to bring on record adoption deed registered around forty years ago. The Trial court dismissed the application holding it as an inadmissible evidence and the High Court also refused to interfere with that order. Thereafter the adopted son approached the Apex Court. The Court referred to Section 3(57) of the General Clauses Act, 1897 which says that “‘son’ in the case of any one whose personal law permits adoption, shall include an adopted so...

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...

In a significant ruling, the Bombay High Court has held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the properties left behind by him. The judgement was delivered by Justice Shalini Phansalkar Joshi, who observed that death of a convict does not discharge him from the liability of paying fine and compensation imposed by court, and this amount can be recovered from the properties left behind by the deceased. The judge recently dismissed a petition filed by Shamim Sarkhot, a resident of Srivardhan in Raigad district of Maharashtra, praying that she cannot be compelled to pay the fine and compensation imposed by a court on her husband as she was merely a legal heir of a dead convict. Shamim’s husband, Saifuddin, was convicted by a magistrate in Srivardhan for not honouring a cheque issued by him to a local businessman in 2006. The trial court had ordered him to pay Rs 25,000 fine to the state government and Rs 2.85...

The debt recovery tribunal and the appellate tribunal "misdirected themselves" by pursuing the grandchildren of a guarantor when there was no evidence that they had inherited the estate of the guarantor, the Delhi High Court stated last week in the case, Rohini Kanoi vs Allahabad Bank. In this case, a firm took loan from Allahabad Bank which was not repaid. The bank took the firm and the guarantors to the tribunal. Since one guarantor had died, his grandchildren were also made parties by the tribunal. They challenged their impleadment, that too after ten years. The high court stated that the tribunal could not make the grandchildren suffer the trial on a "bald assertion", after a long delay, that the bank had learnt that they had inherited the estate of the guarantor.

IN THE SUPREME COURT OF INDIA Civil Appeal No. 14626 of 2015 (Arising out of SLP (C) No. 30710 of 2015) Decided On: 16.12.2015 Appellants: Kajoma Kumari Vs. Respondent: The Union of India (UOI) Hon'ble Judges/Coram: Anil R. Dave and A.K. Goel, JJ. Counsels: For Appellant/Petitioner/Plaintiff: Kumar Rajesh Singh and Niranjana Singh, Advs. For Respondents/Defendant: Atul Chitale, Sr. Adv., Sunita Gautam, Ranjit Kumar, Advs. for S.N. Terdal, Adv. When there is a suit for compensation, all legal heirs of the dead person must be made parties. It can be done even at a belated stage, the Supreme Court stated in the case, Kajom Kumari vs Union of India. If the court decides that compensation must be paid, all the heirs must get the benefit; some of them cannot be left out. The Supreme Court asked the high court to join all heirs as parties and proceed on merits of the case.

Relatives who are not immediate ‘legal heirs’ of the victim can also file appeal against acquittal: Delhi High Court Answering a reference whether a member of the extended family of a murder victim file an appeal challenging the acquittal of the accused, Full Bench of Delhi High court, has held that the word “Victim” would embrace any person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged. The Full bench, comprising of Justices Pradeep Nandrajog, Gita Mittal and  RavindraBhatin Ram Phalvs State gave a liberal interpretation to the term“a person who has suffered any loss or injury” to include a person who has suffered “harm caused to the mind‟,overruling the decision in Chattar Singh vs Subhash wherein it was held that appellant, who is not a legal heir of the victim cannot file appeal. The court was interpreting Section 2(wa) of the Code of Criminal Procedure, which was introduced by 2008 amendment of the c...

M/S. Bay Berry Apartments Pvt. ... vs Shobha & Ors on 19 October, 2006 CASE NO.: Appeal (civil)  8814 of 2003 DATE OF JUDGMENT: 19/10/2006 N.Krishnammal vs R. Ekambaram & Ors on 16 April, 1979 Equivalent citations: 1979 AIR 1298, 1979 SCR (3) 700 DATE OF JUDGMENT16/04/1979 Now, the principal question is as to what would be the meaning of expression 'heirs'. We have noticed hereinbefore that whereas in relation to the male descendancy the executor had used the expression 'heirs' in regard to the succession of property after their death, which were bequeathed in their favour; the expression 'children' has been used in relation to the inheritance of the property bequeathed in favour of daughters and daughters in law. The expressions 'children', 'issue' and 'heirs' would ordinarily be not synonymous but sometimes they may carry the same meaning. All the aforementioned terms have to be given their appropriate m...