P MEENAMBAL Vs. R RAJESWARI

JUDGEMENT

(1.) THE fourth respondent in Succession O. P. No. 49 of 1988 on the file of the Principal/subordinate Judge, Madurai is the revision petitioner.

(2.) SUCCESSION Certificate application was filed by the first respondent herein regarding some deposits in the State Bank of Mysore, Madurai in S. B. Account No. 688 which stood in the name of late Shenbagam Servai and the petitioner herein. By an Order, the Subordinate Court, found that the revision petitioner is not entitled to collect the amount she being not a legal heir of the deceased. It has further found that either or survivor account is not a gift in favour of the survivor, but only a right to collect the amount covered by the receipt. It is the case of the petitioner that the amount that is deposited in the name of the deceased and herself are her earnings and even the deceased did not have a right over the same. It is her case that the above is not a part of the estate of the deceased. The Subordinate Court rejected the objection and granted the certificate. The matter was taken in C. M. A. No. 60 of 1990 before the First additional District Judge, Madurai, who also did not think that any ground has been made out to set aside the order. The appeal was dismissed.

(3.) IN view of the above decisions and also in view of the declaration of law, it cannot be doubted a finding on any question while deciding to issue Succession Certificate is not res judicata, when final adjudication is not contemplated.