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2001 Supreme(MP) 351

S.S.JHA
HEMANT KULSHRESTHA – Appellant
Versus
PUSHPA KULSHRESTHA – Respondent


Advocates Appeared:
M.Naik, N.K.MODI

S. S. JHA, J.

( 1 ) PROCEEDINGS for grant of succession certificate were initiated by the respondents, claiming themselves to be legal representatives of late Ravi Prakash Kulshrestha. Petitioner claims to be brother of late Ravi Prakash kulshrestha. Ravi Prakash Kulshrestha was holding the post of upper division clerk in the office of Executive Engineer, Public Works department, Shivpuri. While in service he died. The amount of Rs. 1,13,932 towards provident fund, Rs. 1,00,000 towards insurance and Rs. 34,278 towards gratuity, totalling rs. 2,48,210 is to be paid to the legal representatives of deceased Ravi Prakash. The mother of Ravi Prakash died on December 2, 1997. Respondent No. 1 pleaded that she is the legally married wife of deceased Ravi Prakash and respondents Nos. 2 and 3 are the minor daughters of late Ravi Prakash. It is also undisputed that a civil suit for divorce between ravi Prakash and Smt. Pushpa was pending, which has been withdrawn. Ravi Prakash had nominated his brother as nominee in the service record in place of his wife and daughter. Petitioner submits that since respondent No. 1 had deserted her husband, she is not entitled for succession certificate. Eve










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