PRATIVA BOSE versus KUMAR RUPENDRA DEB RAIKAT & ORS.

PRATIVA BOSE versus KUMAR RUPENDRA DEB RAIKAT & ORS.

Section IV of the Bengal Wills and Intestacy Regulation V of 1799 does not apply to cases where the deceased died intestate leaving only a single heir. Such cases are governed by Section III. Therefore, the District Judge had no power to require security from the appellant under Section IV, and the application must fail.

Parties
Appellant: Prativa Bose; Respondent: Kumar Rupendra Deb Raikat; Respondents: Others (agnatic relations)
Jurisdiction
India
Judgment Date
10 May 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated June 6, 1956, of the Calcutta High Court in Civil Rule No. 499 of 1955
Outcome
Appeal allowed
Legal Topics
Intestate Succession, Impartible Estate, Security for Compliance With Judgment, Limitation Under Indian Limitation Act, Application of Bengal Wills and Intestacy Regulation V of 1799
Succession Civil Procedure Intestate Succession Impartible Estate Security for Compliance With Judgment Limitation Under Indian Limitation Act Application of Bengal Wills and Intestacy Regulation V of 1799

Case Brief

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Parties

Prativa Bose

Appellant

Kumar Rupendra Deb Raikat

Respondent

Others (agnatic relations)

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated June 6, 1956, of the Calcutta High Court in Civil Rule No. 499 of 1955

Legal Issues

  1. 1 Does Section IV of the Bengal Wills and Intestacy Regulation V of 1799 apply to cases where the deceased died intestate leaving only a single heir?
  2. 2 Is an application for security under Section IV barred by Article 181 of the Indian Limitation Act?
  3. 3 Is the District Judge competent to entertain such an application if the suit is pending elsewhere?

Ratio Decidendi

Section IV of the Bengal Wills and Intestacy Regulation V of 1799 does not apply to cases where the deceased died intestate leaving only a single heir. Such cases are governed by Section III. Therefore, the District Judge had no power to require security from the appellant under Section IV, and the application must fail.

Court Disposition

Appeal allowed

Orders

  • Order of Calcutta High Court set aside
  • Application of respondents under Section IV of Bengal Wills and Intestacy Regulation V of 1799 dismissed