Jharkhand HC sets aside order in inheritance case, emphasises consideration of all legal heirs [Read Order]

Jharkhand: The Jharkhand High Court has delivered a significant judgment, setting aside a lower court’s order in an inheritance dispute and emphasizing the necessity of considering all potential legal heirs in succession matters. Justice Subhash Chand made critical observations while addressing a civil miscellaneous petition challenging a substitution order.

Jharkhand High Court Ruling: All Legal Heirs Must Be Considered in Inheritance Cases

The court noted: “From the very perusal of the impugned order, it is found that the learned Court below has not taken into consideration, while allowing the application of Dhruo Shankar Dubey, this very material fact that the deceased had also left natural legal heirs—four daughters and the legal heirs of the fifth daughter as well.”

Fresh Hearing Ordered in Inheritance Dispute: Key Legal Principles Highlighted

Addressing the legal position on inheritance matters, the court observed: “It is the settled law that if any legal heirs of a party in a suit come to be substituted on the basis of a will as plaintiff/appellant in a suit, there is no requirement of probate for the same.” The court emphasized the established legal principle, stating: “It is incumbent upon the Court below, in view of the settled legal proposition of law, that both the natural legal heirs and Dhruo Shankar Dubey, who is claiming on the basis of the will, should be impleaded as parties in the suit.”

In response to the substitution application, the court directed a fresh hearing, concluding: “The learned trial court is directed to dispose of this application of Dhruo Shankar Dubey afresh after giving him an opportunity to file the will, if the same has not been filed on record, and also to take into consideration whether the natural legal heirs of the deceased sole plaintiff come forward to be substituted as plaintiffs.”

Mr. Amar Kr. Sinha, Mr. Sandeep Verma, and Mr. Sumit Kumar appeared for the petitioner, while Mr. Bhaiya Viswajeet Kumar and Mr. Sheo Kumar Singh appeared for the opposite party.

The case is titled Diwakar Chandra Pandey vs Dhruo Shankar Dubey @ Dhruv Shankar Dubey.

[Read Order]