ANITA CHANDRAKANT KODKANY Vs. DR.BAKHTAWAR DASTURE AND OTHERS
LAWS(BOM)-2017-4-111
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on April 21,2017

Anita Chandrakant Kodkany Appellant
VERSUS
Dr.Bakhtawar Dasture And Others Respondents

JUDGEMENT

K.R.SHRIRAM, J. - (1.) Both counsel for the Plaintiff and Defendant No.3 submit that since only interpretation of Section 55 of the Indian Succession Act, 1925 ('the Act' for brevity) would answer the issues framed by this Court, there was no need to lead any evidence in the matter. Counsel submitted that the entitlement is agreed between the Plaintiff, Defendant Nos.2 and Defendant No.3 but what is the proportion in which they are entitled to, was the only point to be decided and the Court after hearing the parties can go ahead and pass a preliminary decree. The issue therefore is : "Whether the lineal descendants of deceased brothers and sisters shall, in certain events, succeed to the property of the intestate, per stirpes or per capital ?"
(2.) Mr. Ardeshir Choksey had six children, two sons and four daughters. Both sons, viz. Mr. Edulji Ardeshir Choksey and Mr. Ratan Ardeshir Choksey were unmarried and died intestate. Two of the daughters Ms. Naju Ardeshir Choksey and Ms.Sheroo Ardeshir Choksey were also unmarried and died intestate. Only two daughters, namely Mrs. Nergish Chandrakant Kodknany and Mrs. Bachoo Phiroze Chaina got married. Nergish had two daughters Ms. Anita Chandrakant Kodknany and Mrs.Rita Mahesh Swamy and Bachoo had one daughter Mrs. Naznin M. Meherji. Anita is the Plaintiff, Rita is Defendant No.2 and Naznin Meherji is Defendant No.3. The Plaintiff and Defendant No.2 are together and Defendant No.3 is the main contesting Defendant. Defendant No.1, not belonging to the family, is the Administrator of the estate. Family tree of Ardeshir Chowksey is as under :-
(3.) The suit has been filed for administration of the estate of Edulji Ardeshir Choksey, Sheroo Ardeshir Choksey and Ratan Ardeshir Choksey who died instate (all of whom are collectively referred to as the deceased). It is the case of the Plaintiff that it be declared that the Plaintiff, Defendant No.2 and Defendant No.3 have equal shares in the estate of the deceased.;


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