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2007 Supreme(Online)(Chh) 34

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Vimala Devi – Appellant
Versus
Sobha Walia – Respondent


Table of Content
1. overview of claims and background of the case. (Para 1 , 2 , 3)
2. arguments regarding access to locker and rights under the act. (Para 4 , 8)
3. court’s analysis of statutory provisions regarding succession certificates. (Para 5 , 6 , 7 , 9 , 10)
4. final decision regarding the issuance of a succession certificate. (Para 11)

1. This revision under S.384(3) read with S.388 of the Indian Succession Act, 1925 (henceforth, "the Act") is directed against the order dated 23-4-1996 passed by District Judge, Raipur, in Misc. Judicial Case No. 4/95 whereby an order for grant of succession certificate in favour of non - applicant Nos. 1 and 2 has been passed.

2. Rajan Yashpal, who was resident of Raipur, died on 18-6-1986. During his life - time he was doing the business of selling motor parts. He opened a locker with Dist. Co - operative Central Bank, Raipur. After his death non - applicant No. 1 Sobha Walia claiming herself to be the wife of Rajan Yashpal and non - applicant No. 2 Vikki claiming himself to be a minor child of Rajan Yashpal filed an application for grant of succession certificate under S.372 of the Act, for access to the locker and to receive the ornaments











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