PRIYA ADHIKARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Learned Counsel for the parties and perused the record.

(2.) This appeal Is directed against the order dated 3-6-2010 passed by the Civil Judge (Senior Division) Nainital in Succession Case No. 06 of 2010, Km. Priya Adhikari Vs. Relatives, whereby the application for grant of succession certificate has been rejected on the ground that the assets under the succession certificate pertain to will and that the provisions of Section 213 of the Indian Succession Act (for short the Act) are attracted to the present case.

(3.) Brief facts giving rise to the present appeal are that the appellant moved an application for grant of succession certificate under Section 372 of the Act in respect of assets left by deceased Amba Datt Dalakoti, who had died unmarried. The applicant-appellant is the real niece and that there is no other legal heir of the deceased. In support of the application, the appellant filed copy of the will etc.