TRIPTA Vs. STATE

JUDGEMENT

(1.) The petitioner had originally filed the above petition for the grant of a succession certificate under Section 3 70/3 72 of the Indian Succession Act in respect of the estate of her minor son Master Sunil Vig, who died on 9-12-1991 in a road accident. In the tragic fatal car accident which took place near Pinjore, the petitioner's husband and her two minor sons namely Master Sunil Vig and Vivek Vig died. The petitioner has produced on record the certificate of death as also the list of immovable and movable properties of deceased in annexures 'B' and 'C'in respect of which the succession certificate was sought. One near relation Smt. Suhag Wanti was impleaded as respondent No. 2.

(2.) Counsel appearing on her behalf gave his "No Objection" to the grant of succession certificate. The citation was also got published in the national daily "Statesman" on 11-9-1992. However, "no objections" were received. Affidavit on behalf of the petitioner was also filed stating that she was the only legal heir in class I and the entire estate of the deceased devolved under Section 8A of the Hindu Succession Act upon the petitioner. Naib Tehsildar has also filed the certificate of valuation regarding the estate of the deceased valuing the same at Rs. 11,07,888.00,vide certificate dated 1-1-1993.

(3.) In the event. the deceased moved an application under Order VI rule 17 Civil Procedure Code on 10-1 -1996, praying therein that the petition filed by her be treated as the petition under Section 278 of the Indian Succession Act for grant of the Letters of administration. This application has been necessitated to avoid the delay in disposal of the petition, pending decision as to whether the High Court on the Original Side has concurrent jurisdiction with the District Judge, in a petition under Section 372 of the Indian Succession Act to grant the succession certificate. The matter is said to be pending before the Division Bench in LPA 49/86. The said application was allowed vide orders dated 26-3-1996 and the amended petition for grant of Letters of administration under Section 278 of the Indian Succession Act was taken on record.