Case Note & Summary
The petitioners, being the widow, daughter, minor son, and mother of the deceased Bhimrao Anand Jadhav, filed a petition seeking revocation of an heirship certificate granted to the respondent, Sagar Bhimrao Jadhav, who is also a son of the deceased. The respondent had earlier filed Misc. Petition No. 91 of 2009 under Section 2 of the Bombay Regulation VIII of 1827, claiming to be the sole heir and legal representative of the deceased. The court granted the certificate on 12th March 2010 after issuing a proclamation and receiving no objections. However, the petitioners contended that the respondent suppressed the fact that the deceased left behind other legal heirs, namely the petitioners, and that they were not served with notice of the proceedings. The court examined the facts and found that the respondent had indeed suppressed material facts and failed to implead the other heirs. The court held that the heirship certificate was obtained by fraud and misrepresentation, and therefore, it had the inherent power to revoke it. The court allowed the petition and revoked the certificate, directing the respondent to pay costs of Rs. 10,000 to the petitioners.
Headnote
A) Succession Law - Heirship Certificate - Revocation - Bombay Regulation VIII of 1827, Section 2 - The court held that an heirship certificate obtained by suppressing the existence of other legal heirs and without impleading them is liable to be revoked. The court has inherent power to revoke such certificate if it was obtained by fraud or misrepresentation. (Paras 1-10) B) Civil Procedure - Non-Joinder of Necessary Parties - Suppression of Facts - The court held that the respondent, who was the son of the deceased, suppressed the fact that the deceased left behind a widow, another son, a daughter, and a mother, and obtained the certificate claiming to be the sole heir. Such suppression amounts to fraud on the court, warranting revocation. (Paras 2-8)
Issue of Consideration
Whether an heirship certificate granted under Section 2 of the Bombay Regulation VIII of 1827 can be revoked on the ground of suppression of material facts and non-joinder of other legal heirs.
Final Decision
The court allowed the petition and revoked the heirship certificate granted to the respondent on 12th March 2010. The respondent was directed to pay costs of Rs. 10,000 to the petitioners.
Law Points
- Revocation of heirship certificate
- Suppression of material facts
- Non-joinder of necessary parties
- Bombay Regulation VIII of 1827 Section 2
- Inherent power to revoke
