IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 88 of 2011 Ganga Dayal Pandit, husband of Late Chandra Devi and S/o Late Daulat Pandit, R/o Village- Kurmichak, PS- Godda (M), PO & District- Godda (Jharkhand) and also R/o Haveli Kharagpur, PO & PS- Haveli Khargpur, District- Munger (Bihar). .... .. ... Appellant(s)

Versus

1. Smt. Asha Devi, W/o Binoy Pandit and D/o Late Daulat Pandit, R/o Village- Bhatdiha, PS- Godda (T), PO and District- Godda, Jharkhand.

2. The Sixteen Annas Raiyat of Mouza Haveli Kharagpur, PO & PS-

Haveli Khargpur, District- Munger (Bihar).

3. The Sixteen Annas Raiyat of Mouza – Kurmichak, PS- Godda (M), PO and District- Godda, Jharkhand.

4. Bhagwanti Kumari, D/o Late Chandra Devi and Wife of ARun Kumar, R/o Dhakamore, PO and PS- Barahat, District- Banka (Bihar) and also of Haveli Kharagpur (Kantiya Bazar), PO and PS- Haveli Kharagpur, District- Munger (Bihar).

. .. ... ...Respondent(s)

...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Petitioner (s) : Mr. Abhay Kr. Mishra, Advocate Mr. Krishna Prajapati, Advocate M/s Adya Mishra, Advocate For the Resp. No.4 : Mr. Rajesh Kumar, Advocate Mr. Amit Kumar, Advocate Mr. Manindra Kr. Sinha, Advocate …...

18/ 30.10.2025. Heard, learned counsel for the parties.

1. The instant Misc. Appeal has been preferred under Section 384 of the Indian Succession Act against the order dated 14.06.2010 passed by learned District Judge, Godda, in Succession Case No.08/09 whereby and whereunder, the petition for grant of succession certificate under Section 372 of the Indian Succession Act has been rejected.

2. The appellant filed petition with respect to issuance of Succession Certificate of legal debt and security in the name of Chandra Devi who was a Teacher in the Middle School regarding the property, as detailed in Schedule –A of the petition.

3. The property, as detailed in Schedule-A included the followings:-

(i) Munger Regional Gramin Bank- Account No.7201/47/01 amount of Rs.7106 (Seven thousand one hundred and six rupees).

(ii) The Munger- Jamui Central Co-operative Bank Limited, Branch Kharagupr (Munger), Account No.3477, amount of Rs,89,338/- (Eighty Nine Thousand Three hundred and Thirty eight only rupees).

(iii) Punjab National Bank, Branch at Kharagpur (Munger) Ledger No.8, Account No.1969 of the amount of Rs.36,401.13 (Thirty six thousand four hundred one rupees and thirteen paise).

(iv) State Bank of India, Bazar Branch Munger Deposit at D.G.8311559 of the amount of Rs.1,71,900/- (One Lac seventy one thousand nine hundred) only as a deposit repayable at call.

(v) Bill form No.14/02-03 for withdrawal of G.I.C., GPS amounting to Rs.2,28,173/- [amended as per order dated 16.11.2009], amounting to Rs.1,15,843/- [vide order dated 16.11.2009], the death of Chandra Devi as per order of D.S.E. vide letter no.1545 dated 17.08.2002.

4. The learned court below vide impugned order dismissed the succession application on the ground that from the pleadings as well as from deposition of the witnesses, Chandra Devi died at Village- Singhpur, PS- Kharagpur, District- Munger and the debt and security were also within the jurisdiction of District- Munger and not at Godda.

5. It is submitted by learned counsel for the appellant that earlier succession certificate was granted in favour of the appellant with respect to the money deposited by Late Chandra Devi, Munger Area Gramin Bank only vide order dated 29.08.2002. Later on petitioner no.1 filed a succession revocation case No.1 of 2002 for revoking the succession certificate granted in favour of the appellant(s) on the ground that she was being treated as daughter by Late Chandra Devi since her childhood.

6. The said revocation case was disposed of, in terms of the compromise between both sides and that the petitioner no. 1/proforma respondent would be entitled to 40% of the entire deposits in the bank and petitioner no. 2/appellant namely Ganga Dayal Pandit would be entitled to get 60% of the deposit made by Late Chandra D