
Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
Live LawThe Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of the deceased plaintiff and this very fact is very well corroborated with the pleadings of the plaint where the original plaintiff herself has stated that in the tenanted property she had been residing along with her near relative since the lifetime of her husband and after the death of her husband she had also been residing along with her near relative. However, the trial court rejected the application, and this decision was upheld by the appellate court, which held that the petitioner did not qualify as a legal heir under Section 5 of the Jharkhand Building Act, 2011. The High Court disagreed with these findings, pointing out that the trial court had overlooked the proviso to Section 5 of the Act, which explicitly includes family members who resided with and were dependent on the deceased tenant as legal heirs.
History of this topic

Eviction Cannot Be Ordered Without Due Process, Executive Authorities Cannot Adjudicate Land Title: Jharkhand High Court
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Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
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Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
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Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
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No Amendment Of Plaint After Conclusion Of Evidence If It Alters Nature Of Suit Or Prejudices Accrued Rights Of Defendants: Jharkhand HC
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'The Tribal Society Too Isn't Untouched By The Winds of Socio-Economic Change': Jharkhand HC Upholds Inheritance By Female Heir
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Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates
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Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court
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