AMAR PARKASH SHARMA Vs. PARKASHWATI

JUDGEMENT

(1.) The appellants, Amar Parkash Sharma and his sister Amar Devi chaillenge the judgment and order of the trial court granting Succession Certificate to Kumari Seema minor through her mother and natural guardian Smt. Parkash Wati in respect of the debts and securities of the deceased Ram Parkash Sharma. They also challenge the order refusing to grant the Succession Certificate to Amar Parkash Sharma, appellant in F.A.O. No. 236 of 1979. The brief facts arc as under :

(2.) Ram Parkash Sharma died on 9th January, 1976. His widow Smt. Chanan Devi an insane through her next friend Amar Parkash Sharma (appellant) on 17th February, 1976 filed an application for the grant of Succession Certificate in respect of debts and securities left by the deceased. On 23rd February, 1976 Parkashwati alleging herself to be the widow of the deceased and Kumari Seema minor daughter of the deceased filed another application for the grant of Succession Certificate. Chanan Devi widow unfortunately died on 29th. July, 1977 and therefore her application for the grant of Succession Certificate lapsed. Amar Parkash Sharma, appellant on 20th August, 1977 therefore filed another application for the grant of Succession Certificate to him. All these proceedings were consolidated. Parties filed their respective objections in the applications for the grant of Succession Certificate. It is admitted that Amar Parkash Sharma is the brother of the deceased. The disputes are : Whether Parkash Wati is the widow of the deceased, and Kumari Seema is his minor daughter. The trial court by its judgment and order dated 21st November, 1978 granted Succestion Certificate to Kumari Seema holding her to be the illegitimate minor daughter of the deceased. This certificate was granted through her mother and natural guardian Smt. Parkash Wati. The application for the grant of Succession Certificate by Amar Parkash Sharma was dismissed. The trial court has held that Parkash Wati has not been able to prove that she is the legally wedded wife of Ram Parkash Sharma, deceased.

(3.) Learned counsel for the appellants submits that Kumari Seema is not entitled to the grant of, Succession Certificate. He says that she is not the illegitimate daughter of the deceased, under Section 16 of the Hindu Marriage Act. Learned counsel for the respondents, namely, Parkash Wati arid Kumari Seema however, challenges the finding of the trial court that Parkash Wati was not the legally wedded wife of the deceased. He submits that she was legally wedded wife and Kumari Seema was their legitimate daughter. In other words, he claims the. grant of the Succession Certificate in favour of both Parkash Wati (widow) and Kumari Seema (daughter). Counsel for the appellants further says that Parkash Wati is not the widow of the deceased and that Amar Parkash Sharma appellant is entitled to the grant of the Succession Certificate.