K L S BHAGAT Vs. STATE

JUDGEMENT

(1.) Aggrieved by the order passed by the Additional Sr. Sub Judge, Delhi, the appellant has filed the present appeal.

(2.) The appellant applied for Succession Certificate in respect of debts and security of her sister Mrs. Kawal Deep who died in Bangkok on.17th September, 1991. It was stated in the application for grant of Succession Certificate that she was an ordinary resident of Anupam Apartments, Arjun Nagar, Delhi. Along with the application, schedule of properties was also annexed Which, inter-alia, mentioned the property in Bangkok and deposit of Rs. 600.00 in Punjab National Bank at Delhi. The Trial Court came to the conclusion that in view of the fact that the only address in the pass Book is of Delhi and there is only one entry in the bank account and in view of the fact that deceased was employed in Bangkok, the Court did not have the jurisdiction to grant Succession Certificate under Part 10 of the Indian Succession Act.

(3.) Mr. Bhuchar, learned counsel for the appellant has contended that under Section 371 of the Indian Succession Act, the District Judge was empowered in whose jurisdiction any part of the deceased's property may be found. He has further contended that a sum of Rs. 600.00 is also property and, therefore, the Trial Court ought to have granted a Succession Certificate. He has further contended that none of the respondents who happened to be brothers and sisters of the deceased have disputed the averments made in the petition for grant of Succession Certificate that the deceased was not an ordinary resident of Delhi. It has further been contended before me for grant of Succession Certificate that there is no other legal heirs of the deceased and all the heirs are Class-11 heirs and nobody is there in Bangkok to take appropriate steps to realise the assets of the deceased.