FAO No.18 of 2008 (O&M) 1

In the Punjab and Haryana High Court,at Chandigarh.

FAO No.18 of 2008

Decided on February 02,2009.

Smt.Shanti Devi

--Appellant

Vs.

Smt.Suchitra @ Santosh and another

-- Respondents

CORAM:

Hon'ble Mr.Justice Rakesh Kumar Jain

Present:

Mr.S.K.Yadav,Advocate, for

Mr.R.D.Yadav,Advocate,for the appellant

Mr.G.S.Gandhi,Advocate, with Mr.Honny Gandhi and

Mr.R.P.Daaria,.Advocates,for respondent No1.

Rakesh Kumar Jain,J: (Oral)

This appeal is directed against the order of Civil Judge (Senior

Division), Rewari, dated 27.9.2007, whereby petition filed by the appellant

(Shanti Devi) under Section 372 of the Indian Succession Act, (for short 'the

Act') was partly allowed and partly dismissed, holding the appellant and

respondent No.1(Smt.Suchitra Devi) entitled to Succession Certificate to

the extent of ½ share each of the property left by Nahar Singh (since

deceased).

Brief facts of the case are that Nahar Singh, son of the appellant

and husband of respondent No.1 died intestate in a road accident on

FAO No.18 of 2008 (O&M) 2

20.12.1996. The appellant, who happens to be the mother of Nahar Singh

filed a petition under Section 372 of the Act in order to succeed to the

moveable and immoveable properties left behind by Nahar Singh who was

an employee of Gurgaon Gramin Bank. It was pleaded by the appellant in

the petition that Bank had demanded Succession Certificate in order to

release service benefits of Nahar Singh to her. It was averred that Nahar

Singh was having an account in Gurgaon Gramin Bank and the

appellant was entitled to get the entire amount left by him being his only

legal heir.

Initially, the petition was filed only against General Public

which was proceeded against ex-parte. Later on, respondent No.1. filed an

application to become a party to the petition claiming herself to be the

legally wedded wife of Nahar Singh which was allowed by the trial Court

vide its order dated 12.5. 2003. After having become party to the petition

filed under Section 372 of the Act respondent No.1 filed her written

statement in which it was pleaded that she was legally wedded wife of

Nahar Singh and from their wedlock, they were having two female

children namely Lilly and Bhawna. It was also pleaded that appellant

herself admitted before Motor Accident Claims Tribunal, Rewari that

respondent No.1.Smt.Suchitra is the legally wedded wife of Nahar Singh

and respondent No.1 and her two minor children are his class one heirs.

In order to substantiate their respective claim, both the parties

led their oral as well as documentary evidence. The trial Court while

deciding issue No.1 came to the conclusion that at the time of death of

Nahar Singh, respondent No.1 and his two daughters were also with him on

the scooter and in the said accident, respondent No.1 received injuries

FAO No.18 of 2008 (O&M) 3

while both their daughters had expired. It was further held that both

appellant and respondent No.1 are entitled to inherit the estate of deceased

Nahar Singh to the extent of ½ share each.

The appellant has come up in this appeal against the

impugned order passed by the Civil Judge (Senior Division), Rewari dated

27.9.2007, which was admitted on 03.10.2008. Later on, counsel for the

appellant filed C.M. Nos.25672-CII and 25673-CII of 2008. C.M.

No.25672-CII of 2008 was allowed. In C.M.No. 25673-CII of 2008

regarding stay of operation of the impugned order dated 27.9.2007 , notice

was issued to respondent No.1 and in the meantime, operation of the

impugned order was stayed qua her share.

During the course of hearing of the application for stay, both

the counsel for the parties were of the view that the decision of the