-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.437 OF 2007 APPEAL NO.437 OF 2007 APPEAL NO.437 OF 2007 Shakuntala Ashok Kawade ...Appellant vs. Prakash Rangnath Phalke & Anr. ...Respondents Mr.Satyajeet Ligade for the Appellant Mr.Rahul Kate for the Respondents CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellant-plaintiff. The finding of both the courts below is that the Appellant is the daughter born to Kalawati and the marriage between Kisan and Kalawati was void as the same had taken place during the subsistence of the first marriage of Kisan. 2. The submission of the learned Advocate for the Appellant is that the suit property held by Kisan was not the ancestral property but it was the exclusive property of Kisan. His submission is that in the circumstances, the Appellant is entitled to claim a share in the properties held by deceased father Kisan. 3. I have considered the submissions. I have perused the plaint. The averments made in the paragraph 3 clearly show that the suit properties were ancestral properties in the -2- hands of deceased Kisan and that is the finding of fact recorded by both the courts below. 4. Apart from this aspect, the courts below have accepted that the Will executed by deceased Kisan has been established. 5. Both the courts below have considered the established position of law that the Appellant being a daughter born out of a void marriage could not have inherited any share in the ancestral property held by her deceased father. In so far as the share of deceased father in the ancestral property is concerned, the Will executed by the deceased father is held to be proved by both the courts below. No substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE JUDGE JUDGE