VIJAYAKUMAR Vs. GIRIJA

JUDGEMENT

(1.) SUCCESSION O.P. No.10 of 2010 was filed before the Munsiff's Court, Varkala by one Girija against two persons by name Vijaya Kumar and Udaya Kumar claiming 1/3rd share of the assets left behind by late Jayaprakash. Petitioner before the court below is the sister of the deceased Jayaprakash and Jayaprakash is said to have died on 22.2.2010. It is averred in the petition before the court below that the petitioner and the counter petitioners are the only legal heirs of Jayaprakash. It is also pointed out that the deceased had not left behind any testamentary document and there is no impediment in granting succession certificate to the petitioner and counter petitioners. The value of the assets in respect of which relief was sought for was estimated at a sum of Rs.5,25,492/-. Petitioner before the court below claimed 1/3rd right over the same and she paid court fee for the said amount.

(2.) PETITIONERS before this court were the counter petitioners before the court below and they entered appearance before the court below and pointed out that they are entitled to 2/3rd share.

(3.) THOUGH the argument may look attractive at the first blush, there is one difficulty in accepting the contention as of now. It does not appear from the order of the court below that the petitioners have paid the necessary court fee before the court below for claiming 2/3rd share. If they had paid the court fee before the court below, succession certificate with regard to 2/3rd right over the assets could have possibly been ordered by the court below. At any rate, there is no dispute regarding the right of the petitioners to claim 2/3rd share. In the fitness of things, it is only just and proper to direct the court below to consider the claim of the petitioners before this court on paying the requisite court fee. In the result, while confirming the order passed by the court below regarding the 1/3rd share of the estate left behind by Jayaprakash, the court below is directed to consider the claim of the petitioners herein for 2/3rd share on their paying requisite court fee as per Section 373(4) of the Indian Succession Act in accordance with law.