CR No. 4317 of 2022

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

121

*****

CR No. 4317 of 2022

Date of decision : 10.10.2022

Megha

&&Petitioner

Vs.

General Public and others

`

&&Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Rakesh Nagpal, Advocate, for the petitioner

---

TRIBHUVAN DAHIYA

, J. (Oral)

1.

This revision petition has been filed under Article 227 of the

Constitution of India for setting aside the judgment dated 25.4.2018

(Annexure P-2) passed by the trial Court, and judgment and decree in appeal

dated 17.8.2021 (Annexure P-4) passed by the lower Appellate Court.

2.

Vide the impugned judgments, a petition filed by the petitioner

under Section 372 of the Indian Succession Act, 1925 (in short 8the Act9),

for grant of succession certificate was disposed of. It was pleaded that

petitioner9s mother, deceased Mrs. Rajesh Kumari, got married to

respondent no.2 on 10.2.1993. Out of the wedlock, petitioner and

respondent no.3 were born. After their birth, the petitioner9s parents started

living separately. The deceased/petitioner9s mother was working as Senior

Auditor in the office of respondent no.4 and was drawing a handsome salary.

Respondent no.2 had no participation or contribution in the life of petitioner

or her mother.

3.

On pleadings of the parties, the following issues were framed:

1.

Whether the petitioner and respondent no.3 are the only legal

ASHWANI KUMAR

2022.10.14 18:51

I attest to the accuracy and

integrity of this document

CR No. 4317 of 2022

2

heirs of deceased Rajesh Kumari? OPP

2.

Whether the succession certificate can be issued with regard

to the death-cum-retirement benefits of deceased to the petitioner

and respondent no.3 in spite of nomination in favour of respondent

no.2 ? OPP

3.

Relief.

On considering the evidence produced on record, it was held by the Courts

below that the petitioner and respondents no.2 and 3 were entitled in equal

shares to the succession certificate with respect to the estate of deceased

Rajesh Kumari. Issues No.1 and 2 were accordingly decided partly in favour

of the petitioner and partly in favour of respondents no.2 and 3.

4.

Learned counsel for the petitioner has submitted that the

petitioner was solely dependent upon her deceased mother, who

unfortunately died in an accident on 3.5.2014, leaving the petitioner without

any support. It has further been contended that the deceased and respondent

no.2 were living separately, and the latter had never contributed or supported

the petitioner in any manner. Therefore, the petitioner is solely entitled to

deceased9s estate.

5.

The line of succession of a female Hindu dying intestate is

decided as per Section 15 of the Hindu Succession Act, 1956. The relevant

portion thereof is reads as under:

15.

General rules of succession in the case of female Hindus -

(1)

The property of a female Hindu dying intestate shall devolve

according to the rules set out in section 16, -

(a)

firstly, upon the sons and daughters (including the children of

any pre-deceased son or daughter) and the husband;

(b) to (e)

xxx

xxx

xxx

The provision makes it clear that property of a female Hindu dying intestate

is to first devolve upon her sons and daughters and the husband. Both the

Courts below have decided the issue of succession of the deceased9s estate,

ASHWANI KUMAR

2022.10.14 18:51

I attest to the accuracy and

integrity of this document

CR No. 4317 of 2022

3

who undisputedly was a female Hindu dying intestate, as per provisions of

Sections 15 and 16 of the Hindu Succession Act, 1956. The petitioner as

well as respondent no.3 being daughter and sons of the deceased

respectively, and respondent no.2 being husband of the deceased, have been

held entitled to the estate left by deceased Rajesh Kumari in equal shares. In

the light of the provisions of Sections 15 and 16 of the Hindu Succession

Act, 1956, no exception can be taken