THULASAMMA Vs. NIL

JUDGEMENT

(1.) Heard the appellant's counsel.

(2.) This appeal is filed challenging the order passed by the trial Court in rejecting the petition filed under Sec. 372 r/w 371 of Indian Succession Act and appellant has sought for grant of Succession Certificate in her favour on the ground that she is the wife of one late Maarappa. In the said wedlock they had one daughter by name Sarawathi and she was married to one Manjunath in the year 1992 as per the Hindu Customs and in the said wedlock she gave birth to one Pavan Kumar who was born on 13/4/1995. Due to difference between said Manjunath, Manjunath left the company of Saraswathi in the year 1998 without any intimation and the whereabouts are not known and her daughter died on 17/3/2016 leaving behind herself and her grandson as legal heirs and at the time of death of her daughter, her son-in-law has not appeared to see her daughter also and hence the appellant herein filed a petition for issuance of Succession Certificate before the trial Court.

(3.) After filing of the petition, paper citation got issued in "Kannada Prabha" news paper, none appeared and trial Court while answering whether petitioner proves that she is a grand mother of Pavan Kumar, answered point No.1 in the affirmative, but answered point No.2 that her son-in-law had severed ties with her daughter and also the whereabouts of Manjunath is unknown and also comes to the conclusion that no complaint is given and no missing complaint is also registered and hence answered point No.3 that she is not entitled for Succession Certificate.