Order On Board

(22.03.2024)

Sanjay K. Agrawal, J.

1. This civil revision preferred under Section 384(3) of the Indian Succession Act, 1925 is directed against the order passed by the appellate court, by which, the appeal of respondent No.2 & 3 has been rejected and cross-objection has been allowed holding that the respondent No.2 & 3 are entitled for the amount deposited in saving account and the petitioner being the nominee is not entitled for the said amount, which is sought to be challenged in this civil revision.

2. Mr. Sanjay Agrawal, learned counsel for the petitioner would submit that the succession court as well as appellate court both have grossly erred in holding that the nominee has no right and title over the property left by Chamar Singh Malakar and his daughters i.e. respondent No.2 & 3 are entitled for the entire amount and accordingly, the finding recorded by both the courts below is perverse to the record.

3. Mr. Sourabh Sharma, learned counsel for the respondents No.2 & 3 would submit that both the courts below are absolutely justified in granting the order in favour of the respondents No.2 & 3 as they are daughters of late Chamar Singh Malakar excluding the petitione