2018 (1) ABR 518 ::(2017) 2 MarriLJ 650 ::(2017) 6 AllMR 882 (BOM) ::(2018) 2 Bom CR 364 ::(2018) 1 Mah LJ 681

Bombay High Court

Hon'ble Judge(s): S. C. Gupte , J

Bombay Regulation (8 of 1827) , S.2— Succession Act (39 of 1925) , S.383— Heirship certificate - Application for revocation - Issuance of legal heirship certificate under provisions of Bombay Regulation (8 of 1872) to respondents - Respondent first wife of deceased deserting deceased, living seperately and divorced through customary law - Respondent not objecting deceased's second marriage with petitioner, real sister of respondent - Material on record showing deceased marrying petitioner and two daughters born out of wedlock - Respondents falsely claiming to be only legal heirs and next kin of deceased - Respondent concealing material fact that two daughters were born out of second wedlock - Plea that petitioners did not apply for any succession or heirship certificate - No legal heir of deceased predecessor required to apply for certificates compulsorily - Petitioner, applicant for revocation making out all three ingredients provided under S. 383, successfully - Certificate liable to be revoked. (Para 10 11 12) .....