Case Note & Summary
The petitioner, Seema Prakash Ausekar, along with respondent nos. 3 to 5, filed Civil Miscellaneous Application No. 28/2021 before the Civil Judge Senior Division, Pandharpur, seeking a heirship certificate in respect of the movable and immovable properties of Late Prakash Ausekar, who was the husband of the petitioner and father of respondent nos. 3 and 5. During the pendency of that application, respondent no. 2, Kiran Vitthal Bhosale, filed an application (Exhibit-150) seeking impleadment, claiming that he had a right in one of the properties for which the heirship certificate was sought, by virtue of a sale deed executed by the deceased Prakash Ausekar. The Trial Court allowed the impleadment application on 03.09.2025, observing that respondent no. 2's claim of ownership through the sale deed meant his right and interest were involved in the proceedings. Aggrieved, the petitioner filed the present writ petition challenging that order. The Bombay High Court, after hearing the parties, held that the Trial Court's order was just and proper. The Court noted that respondent no. 2's claim of ownership through a sale deed from the deceased gave him a sufficient interest in the heirship certificate proceedings, and his impleadment would not cause any prejudice to the petitioner. The writ petition was dismissed, and the Trial Court was directed to expedite the hearing of the main application.
Headnote
A) Civil Procedure - Impleadment - Order 1 Rule 10 CPC - Heirship Certificate Proceedings - A person claiming ownership of a property by virtue of a sale deed executed by the deceased has a sufficient interest in the proceedings for grant of heirship certificate in respect of that property. The Trial Court's order allowing impleadment was upheld as the applicant's right and interest are directly involved. (Paras 2-4)
Issue of Consideration
Whether a person claiming ownership of a property through a sale deed executed by the deceased is entitled to be impleaded in proceedings for grant of heirship certificate in respect of the same property.
Final Decision
The writ petition is dismissed. The order dated 03.09.2025 passed by Civil Judge Senior Division, Pandharpur below Exhibit-150 in Civil Miscellaneous Application No.28/2021 is upheld. The Trial Court is directed to expedite the hearing of the main application.
Law Points
- Impleadment
- Heirship Certificate
- Order 1 Rule 10 CPC
- Sufficient Interest
- Sale Deed
