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2016 Supreme(MP) 523

D.K.PALIWAL
Tara Devi – Appellant
Versus
Rambihari – Respondent


Advocates:
K.N. Gupta with R.S. Dhakad for applicant;
V.K. Bhardwaj with Raman Tiwari for respondents.
...

ORDER

1. This civil revision has been preferred under section 115 of Code of Civil Procedure, 1908 being aggrieved with the order passed by the Additional District Judge Lahar, District Bhind in Civil Appeal No.02/04 on 27.7.2005 whereby, the order passed by Second Civil Judge Class 1st Lahar in Case No.5/03 (succession) on 18.12.2003 has been confirmed.

2. Respondent No.1 Rambihari filed an application under section 372 of Indian Succession Act claiming succession certificate with respect to FDR of Rs.40,000/- issued by the State Bank of India Alampur, District Bhind and also amount deposited in saving account of deceased-Gulabrani. It is stated that deceased Gulabrani has executed a Will on 20.8.2003 with respect to her movable and immovable property in favour of the applicant. Deceased Gulabrani was not having any issue and any heirs. Deceased Gulabrani and the applicant were the members of joint Hindu family. Deceased-Gulabrani was residing with the applicant throughout her life and expired on 28.8.2003. On behalf of the State Bank, a reply was filed wherein, it was stated that there is one saving account (old) No.2/6928 and new No.01193335355 in which amount lying is Rs.23,635/-






















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