DATE

15.04.2021 PASSED BY THE FIRST ADDITIONAL SENIOR CIVIL

JUDGE AND JMFC, BAGALKOT, IN P AND SC NO.2/2021 MAY

KINDLY BE SET ASIDE AND THE PETITION FILED BY THE

APPELLANTS HEREIN UNDER SECTION 372 OF THE INDIAN

SUCCESSION

ACT

FOR

GRANTING

OF

SUCCESSION

CERTIFICATE, IN THEIR FAVOUR, MAY KINDLY BE ALLOWED BY

ALLOWING THIS APPEAL WITH COST THROUGHOUT IN THE

ENDS OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners in P & SC No.2/2021 on the file of the

learned I Additional Senior Civil Judge and JMFC, Bagalkot

(henceforth referred to as 'the trial Court’' for brevity), are

impugning the judgment dated 15.04.2021, dismissing the

petition filed under Section 372 of Indian Succession Act.

2.

Parties shall be referred to as per their ranking

before the trial Court.

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3.

Brief facts of the case are that, the petitioners have

filed P & SC No.2/2021 before the trial Court against respondent

Nos.1 to 3, claiming grant of Succession Certificate in their

favour, to receive the amount in Savings Bank Account and

Fixed Deposits standing in the name of deceased Yamanappa,

S/o. Hanamantappa Chalawadi @ Hunshyal, with respondent

Nos.2 and 3. It is contended that petitioner No.1 is the wife and

petitioner Nos.2 and 3 are the children of late Yamanappa

Chalawadi, who was working as an Assistant Teacher. He

retired from his service on 31.05.2017. The pensionary benefits

were settled in his favour. He died on 23.12.2020. He had

Savings Bank Account bearing No.73610100000922 and was

also having two Fixed Deposits bearing FD No.3/239 for

Rs.2,50,000/-

and

FD

No.3/240

for

Rs.2,50,000/-

with

respondent

No.2

and

another

SB

account

bearing

No.08412200068497 and two fixed deposits account bearing

No.08414050040450

for

Rs.2,00,000/-

and

FD

No.08414050040464 for Rs.3,00,000/- with respondent No.3.

Respondent No.1 being brother of late Yamanappa Chalawadi

was the nominee to the fixed deposits. Since the petitioners are

wife and children of the deceased Yamanappa Chalawadi, being

- 4 -

the legal heirs of the deceased are entitled to receive the

amount in SB account and fixed deposits. Therefore, they

sought for issuance of Succession Certificate in their favour.

4.

Respondent Nos.1 to 3 remained absent and not

contested the matter, in spite of service of notice.

5.

Petitioner No.1 examined herself as PW-1 and got

marked Exs.P1 to 13 in support of her contention. The trial

Court after taking into consideration all these materials on

record, came to the conclusion that since respondent No.1 is

named as nominee to receive the fixed deposits, he is entitled to

receive the same and that the petitioners are not having any

right over the same. Accordingly, the petition filed by the

petitioners for issuance of Succession Certificate was came to be

dismissed.

6.

Being aggrieved by the same, petitioners are before

this Court.

7.

Heard Sri M.G.Kulkarni on behalf of Sri J.S.Shetty,

learned counsel for the appellants.

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8.

Respondent Nos.1 to 3 remained absent in spite of

service of notice, while notice.

9.

Learned counsel for the appellants contended that

deceased Yamanappa Chalawadi is the husband of petitioner

No.1 and father of petitioner Nos.2 and 3. Their relationship

with the deceased is not disputed. He retired from service on

attaining superannuation, on 31.05.2017 and he had Savings

Bank accounts and also Fixed Deposit accounts with respondent

Nos.2 and 3. Respondent No.1 is the brother of the deceased

Yamanappa Chalawadi and his name was mentioned as nominee

to receive the amount kept in fixed deposits. The petitioners

being the legal representatives of late Yamanappa Chalawadi

are claiming to be entitled to receive the same.

10.

It is further submitted that nominating respondent

No.1 as nominee is only as trustee to enable him to receive the

amount in deposit, but he cannot claim the deposits as of right

when the deceased is having legal repr