...sale deed has been established. Yashoda was the absolute owner in possession of the property in her lifetime. There was no Class I heir of deceased Balaiah. Buchamma, who was a Class II heir being the...passing of consideration under the sale deed. Buchamma was the sole Class II heir left.9. Per contra, the learned counsel for the respondents urged that no case of interference...the death of Yashoda had been passed on to Buchamma being Class II heir, as such she had the right to sell the property to the plaintiff. Even if Buchamma had not placed the plaintiff in possession of...

...Hindu Succession Act. The father, appellant (here), would be a class II heir.5. It is also an established principle of law th...inherits in preference to class II heir. It appears that learned Commissioner has awarded the amount to the appellant by showing the clemency and further as the father may have been dependent on the..., father of Karu Rs. 6,770/-4. There is no dispute that Ramkanya is legally wedded wife of deceased, as such she would be a class I heir under the...

...consequent on the demise of his father, who expired on 24/4/2005. His mother expired on 14/8/2006.2. Petitioner points out that the grandfather of the petitioner is only a Class-II heir and...Class-I heirs and additional third respondent will only be a Class-II Heir. Therefore, the inclusion of the additional third respondent cannot be justified.5. In the light of the above...JUDGMENTThe petitioner is aggrieved by the inclusion of additional third respondent as serial No. 4 in the Legal Heir Certificate. The Legal Heir Certificate was applied...

...Oo.Mu.No.2392/2022/Aa4 dated 18.10.2022 and quash the same as illegal and arbitrary and consequently to direct the respondent to issue the Class II Legal Heir Certificate within the time that may be.... Govt. Pleader of R1 & R2 ORDER The petitioner seeks a legal heir certificate as Class-II heir of a certain...) in terms of G.O.(Ms) No.478, the petitioner cannot be considered as Class-II heir. 3 Who will be a Class-II heir will be defined by a personal law of a citizen...

...Virugambakkam Chennai. As the brother of the petitioner died unmarried, the petitioner is the only legal heir to her brother Chandrasekar. Though the petitioner may not be Class - I heir, she is Class - II...respondents have made an enquiry and submitted a report. Based on the said report, it has been found by the Tahsildar that the petitioner is only being Class - II heir. In the absence of Class - I...heir, Class - II heir is entitled to any rights.4. Therefore, there is no impediment to issue legal heir certificate for Class - II heir in the absence of ...

...in a position to deny that the appellant was a Class-II heir where the respondent was a Class-I heir of the deceased. In the circumstances, the appellant does not have the locus standi to challenge...

...Class-II heir. Appellants mother was Class-I heir and he was Class-II heir. After death of appellants mother, the suit schedule property must be devolved upon the appellant as he...Andanappa and defendants 3 and 4 are sons of Mallappa. After the death of Rudrappa, defendants 1 to 4 being Class-II heirs, succeeded to the suit properties. Rudrappa was in possession of the suit properties...

.... - 3 - 5. Learned counsel for the petitioner in support of his prayer for liberty would submit that the petitioner is Class-II heir and she w...DCRG. If there are no Class-I heirs, then Class-II heirs would be entitled. Admittedly the petitioner is class-II heir. In view of dismissal of the writ petition, I.A.No.1/2024 for impleading is r...entitled for DCRG. 6. The said contention cannot be accepted since, within the definition of "Family" under Rule 302 of KCSRs, daughter, who is Class-I heir would be entitled for...

...not only under the old Mitakshara Law (as brother's son) but also under the Hindu Succession Act, 1956 as a Class II heir. Arunachala Bakthar was brought up by the respondent and her husband and was...Tiwari (1920-21) 48 IA 86 the Privy Council held that “sons” in Mitakshara Chapter II 6(1) include a grandson. In the ancient Hindu Law, twelve sons are mentioned by the truth-seeing...principles enunciated above, it will be seen that Arunachala Bakthar is the brother's son of the respondent's husband who, therefore, was related to the respondent's husband by blood and was his heir...

...are Class I heirs of the victim. There was, thus, no question of inclusion of Class II heirs in the claim application. Any Class II heir, though included, would not be 2entitled to any compensatio...hence, the tribunal erred in awarding compensation to such Class II heir. Since the respondent no.5 has passed away, the amount of compensation awarded by the relevant Motor Accident Claims Tribunal...

...applying legal heirship certificate with the respondent is not having a provision for a Class II heir to apply online. Hence, the petitioner, as a Class II heir, is entitled to apply for the issua...23.05.2020. Thereafter, the younger brother of the petitioner also died on 27.05.2020 and at the time of his death, he unmarried. Apart from the petitioner, there is no other legal heir to the deceased...

...petition that only in the absence of the mother who is a Class I heir, the father as Class II heir could file a claim petition and that the compensation claimed is, in any event, excessive.4...that the father of the deceased who is only a class II heir, cannot maintain the petition without impleading the mother as a co-petitioner or as a respondent. In this view, the Tribunal dismissed the...class II heir under the Hindu Succession Act is entitled to maintain the claim for compensation as regards the death of...

...of his own. Therefore, the defendant, being the Class-II heir, is entitled to inherit the property and he is the owner of the property. It is also pleaded that he is the adopted son of Late D.Rajaiah.... 10. It is also not in dispute that the defendant is the Class-II heir being the son of Late D.Rajaiah's own brother. Therefore, when D.Rajaiah died, the son of his brother is...to be Class-II heir surviving at the time of death of D.Rajaiah. In view of the fact that the alienation in the form of gift is void, the defendant acquires the title to the property being the Class...

...given consortium. To my mind, however, there is an important distinction. In Magma General Insurance Company Ltd''s case (supra), both the LRs/claimants belong to Class II category of heirs. In the present case, one of the LRs/claim...), while the second is Class II heir (father). Under the Hindu Succession Act, Class I heir completely excludes Class II heir. In the...

...Certificate is annexed as ‘Annexure P-1’ to the petition.It is stated in the petition that the petitioner was the only brother of deceased Shri Inder Singh and being the only Class-II heir and...

...certificate.3. The court below found that Sumeshwar had no class I heir. Arjun was his class II heir in category no. 2, whereas Bhola being the brother's son came in category no. 4 of ...II heir.4. By the impugned order dated 27.6.1996, passed in Succession Case No. 2 of 1995/4 of 1995, the District Judge, Deoghar held the objector, Arjun Turi to be the successor of late...@ Sumeshwar Turi. Arjun Turi aforesaid filed an objection thereto, claiming himself to be the step brother of the deceased and as such being the nearest heir of the deceased, entitled to the succession...

...have any Class-I heir and that the respondent is not in a position to issue Legal Heirship Certificate in respect of Class-II heir. 2. Heard both sides. 3. The...heirship certificate from the respondent as Class-II heir. 5. On the other hand, learned Additional Government Pleader, submitted that the respondent was not in a position to issue...on 04.11.2017 leaving behind the petitioner alone as her legal heir, as she died unmarried, at the age of 32 years. When the petitioner sought for legal heirship certificate from the respondent, in...

...the petitioner, the pension and pensionary benefits is to be given to the petitioner who is a Class II heir and was entitled to receive the same, but ignoring the said guidelines the application of the...comparison to the petitioner who is Class II heir and since the Class I heir i.e. respondent no.4 is alive, Class II heir i.e. petitioner would not be entitled for any benefits a...to her deceased husband after his death. Even as per schedule appended under section 8 of the Hindu Succession Act the respondent no.4 being Class I heir is entitled to receive the benefits in...

.... 2. It is the case of the petitioner that he is the son of deceased Radha's predeceased sister Leela Amma. It is also stated that the deceased Radha died unmarried and the petitioner is the class II ...the respondent and it is open to the petitioner to work out his remedy before the Civil Court. If any proceedings is initiated by the petitioner seeking declaration of his status as class - II heir of...the deceased Radha, in his capacity as son of the predeceased sister of said Radha. The petitioner wanted to apply for issuance of legal heir certificate. Since the distant relative like...

...allotment of the site in question from the name of Sri. H.G Vasudev.2. Sri. M.S Purushothama Rao, the learned counsel for the petitioner submits that the petitioner is a Class-II heir of...petitioner that Sri. H.G Vasudev is presumed to have been dead since 7 years have elapsed from the date on which he was last seen and that the petitioner Smt. H.R Rajashree is Class-II heir, the sale...