RAMAMURTHY Vs. PRESIDENT ATTUR CO OPERATIVE SOCIETY ATTUR

JUDGEMENT

(1.) This is an application for directions purporting to be under Section 302 of the Indian Succession Act.

(2.) The facts arc: One K. G. Krishnaswami Ayyar had three fixed deposits and a savings bank deposit amounting to Rs. 1842 in the Attur Co-operative Society, Salem District. This Krishnaswami Ayyar died on 4-3-1943 surviving him his widow Meenakshi Animal. One S. Ramamurthi, applicant herein, alleging that he was the sister's son of this Meenakshi Ammal filed an application for probate in regard to the will said to have been executed by Meenakshi Ammal on 5-7-1953 on the foot that he is to be construed as executor by implication. The only asset which this Meenakshi Animal is said to have bequeathed is the aforesaid deposits standing in the name of her husband. In those proceedings no notice had been taken to the relatives of Krishnaswami Ayyar or publication made in Salem district. Probate was granted in O. P. 42 of 1954. Thereupon this Ramamurthi has been dunning the Co-operative Society to pay him the sum of Rs. 1842. The Co-operative Society has been insisting that this Ramamurthi should produce a succession certificate to the estate of the deceased Krishnaswami Ayyar as the Society is not aware of the fact whether the deceased Meenakshi Ammal had any rights to leave a will, for it may be that Krishnaswami Ayyar might have some brothers of his who may be entitled to the property on the demise of the widow who had only a life interest in the property. The Society being a registered body doing the work of banking claimed to be protected by the production of a succession certificate. In these circumstances this application has been filed purporting to be under Section 302 of the Indian Succession Act for directing the Co-operative Society to deposit the amount into Court. This application is opposed by the Society on the grounds set out above.

(3.) The short point for determination is whether this application lies at all under Section 302 of the Succession Act. Section 302 runs as follows: