Bombay High Court
SHIVDUTT ARJUN NILKANTH AND ORSversusTHE EXECUTIVE ENGINEER MINOR IRRIGATION DIV. NO. 1 AURANGABAD AND ORS
- Disposal
- DISPOSED OFF
Holding
The court held that the widows are entitled to withdraw their share of the compensation without a succession certificate, as the sale deeds and payment were made to them.
Summary
The applicants sought to withdraw compensation awarded for land acquired as jirayat, which had been paid to the widows of two deceased owners, Govind Shivlal Kahite and Bharat Shivlal Kahite. The revenue office objected, stating that the award was in the names of the deceased and that the widows needed a succession or heirship certificate to claim the money, as their names did not appear in the revenue records or the award. The respondents (the acquiring body) conceded that the consideration in the sale deeds and the compensation had been paid directly to the widows. The court examined whether the lack of a succession certificate barred the widows from withdrawing their share. Finding no difficulty, the court modified its earlier order to permit the widows (applicant nos. 5 and 6) to withdraw their compensation. Consequently, the civil application was disposed of.
Issues considered
- Whether the widows of deceased landowners can withdraw their share of compensation without obtaining a succession or heirship certificate when the award is in the names of the deceased.
Subjects
- land acquisition
- compensation withdrawal
- succession certificate
- heirship certificate
- sale deed
- civil application
Judgment
(1) 903-CA-10043-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 CIVIL APPLICATION NO. 10043 OF 2026
IN CA/10170/2024
Murlidhar Rama Veer And Others
VERSUS
The Executive Engineer Minor Irrigation Div. No. 1 And Others
WITH
CIVIL APPLICATION NO. 486 OF 2024
IN RAST/31454/2023
...
Mr. B. R. Kedar, Advocate for the Applicants.
Mr. P. K. Lakhotiya, AGP for Respondent-State.
Mr. S. C. Arora, Advocate for Respondent.
CORAM : KISHORE C. SANT &
NEERAJ P. DHOTE, JJ.
DATE : 10th SEPTEMBER 2026.
PC :-
1. Heard the learned Advocate for the Applicant.
2. This Court by earlier order dated 12/06/2025 had allowed the
applicants to withdraw the amount of compensation lying in the office of
This Court. The only difficulty is in respect of Applicant Nos. 5 and 6,
who happen to be widows of one Govind Shivlal Kahite and Bharat
(2) 903-CA-10043-2026
Shivlal Kahite. Govind Kahite died long back on 30/08/2017 and Bharat
Kahite died on 06/09/2010.
3. It is the case of the applicants that, in fact, the sale-deeds in favour
of the Acquiring Body are executed by these two ladies only, and the
amount of compensation, considering the land as jirayat, was also paid
to them by cheque. Now, the office has raised an objection that since the
award was passed in the names of late Govind Kahite and Bhrat Kahite.
The office also raised an objection since the names of applicants do not
appear in the revenue records or in the award. In that case, they have to
file succession certificate or heirship certificate to claim the amount. He
submits that the said exercise is not required as initially
Respondent/Acquiring body had paid the amount to them only and sale-
deeds are also executed by these applicants.
4. Learned Advocate Mr. Arora appearing for respondent/Acquiring
Body concedes the position that the amount of consideration in the sale-
deeds was given to the Applicant Nos. 5 and 6. The sale-deeds are also
executed by these two applicants only.
(3) 903-CA-10043-2026
5. Considering above, this court does not find any difficulty in
allowing the application by modifying the order dated 12/06/2025 to
that extent. Office to permit the applicant Nos. 5 and 6 to withdraw the
amount of their share.
6. With these, civil application stands disposed off.
[NEERAJ P. DHOTE, J.] [KISHORE C. SANT, J.]
D.A.ETHAPE
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