A Will that specifies the bequest of particular immovable properties but remains silent regarding bank deposits does not grant sole entitlement of those deposits to the beneficiary; such funds are distributed among the Class-I legal heirs.

(cause title downloaded from CIS Periphery)

Order on Board

1. Heard on admission.

2. This Civil Revision has been preferred against the impugned judgment dated 19.03.2026 passed by the learned Additional Judge to the Court of District Judge Bhatapara, District Balodabazar, in Misc. Civil Appeal No.08/2024, whereby it upheld the order dated 30.08.2024 passed by the Civil Judge, Senior Division, Bhatapara, District Balodabazar, in Succession Case No. 03/2022. In that case, a succession certificate was directed to be issued in favour of Respondents No.1 to 3 (Applicants No.1 to 3 therein) and the Petitioner (Non-Applicant No.2 therein) holding them to be legal heirs of the late Malluram Sao son of Ghasiram Sao.

3. Facts of the case, in nutshell, are that late Malluram, S/o Ghasiram Sao, opened his account in the District Cooperative Central Bank Maryadit, Branch Bhatapara, having Account No. 624042072429. Late Malluram passed away on 25.04.2021. As on 10.02.2022, Rs. 5,41,490/- was available in his savings account. After the death of late Malluram, his wife Smt. Budhara Bai and his daughters Parvati and Radha Bai filed an application before the learned Civil Court for the grant of a succession certificate under Section 372 of the Hindu Succession Act, 1976 (henceforth the "Act 1976"), and impleaded the General Public and Durga Prasad Sao (Petitioner herein) as respondent parties.

4. After hearing the parties and on the basis of the evidence adduced, the learned Civil Court vide order dated 30.08.2024 (Annexure-P/4), allowed the application filed by Respondents No.1 to 3 and held that Respondents No. 1 to 3 (Applicants therein) as well as the Petitioner (Non-Applicant No. 2 therein) are entitled to get a succession certificate. The Court further held that they, being the wife, daughters, and son, are equally entitled for a share of the amount available in the savings account of the late Malluram.

5. Against the aforesaid order, the Petitioner (Non-Applicant No. 2) filed an appeal before the Appellate Court, which was dismissed by the impugned judgment dated 19.03.2026 (Annexure-P/1), which is assailed in the instant Civil Revision.

6. Learned counsel for the applicant submits that late Malluram Sao executed a Will deed on 18.02.2021 (Annexure-P/5) in favour of the petitioner, wherein he bequeathed his movable and immovable property in the petitioner's favour. Therefore, on the strength of the aforesaid Will deed, the petitioner alone is entitled to get the succession certificate in respect of the amount available in the savings account of his father, late Malluram. In support of this contention, counsel also draws the attention of this Court towards the last paragraph of the aforesaid Will and submits that, by the said Will, the petitioner is solely entitled to the aforesaid amount. Hence, he prays to admit this Civil Revision.

7. Heard learned counsel for the applicant and perused the documents available with the case.

8. Undisputedly, Respondent No.1 Smt. Budhara Bai is wife of late Malluram Sao. Respondents No.2 and 3 are daughters of the late Malluram Sao, and the Petitioner is his son. As such, they are Class-I legal heirs of the late Malluram. It is also not in dispute that after the death of the late Malluram, Rs.5,41,490/- is available in his savings account at the District Cooperative Central Bank Maryadit, Branch Bhatapara.

9. Now, the petitioner is claiming a sole right to the aforesaid amount on the strength of the Will deed dated 18.02.2021 (Annexure-P/5) allegedly executed by his father,