RAMPRATAP TRIKAMBHAI BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions arise out of a dispute between the petitioners on their respective rights on the properties of deceased Jashodaben. The petitioner in Special Civil Application No.4112 of 2008 claims to be the husband and claims right over the estate of the deceased as a nominee. The petitioner in Special Civil Application No.7749 of 2010 is the father of Jashodaben, according to whom, the nomination was in the name of himself and his son Sureshbhai and, therefore, he is entitled to the estate of the deceased. The respondents in the face of this rival claims insisted for a succession certificate, which has prompted both the petitioners to approach this Court.

(2.) Both the petitioners are unanimous on the point that the respondent-authorities ought not to have insisted for a succession certificate as both the sides claim that they have ample documents in their favour to show the genuineness of their claim.

(3.) Heard learned advocates Mr Upadhyay and Ms Shah for the petitioners.