ALKA SINGHANIA Vs. SHILPI AGARWAL

JUDGEMENT

(1.) Heard Sri R.K. Mishra, learned counsel for the petitioner and Sri Rama Shanker Yadav, learned counsel for the sole-respondent.

(2.) This petition has been filed for the following reliefs:

(3.) Brief facts of the case are that one Smt. Shakuntala Devi, wife of late Nawal Kishore Tulsiyani, R/o 55/50 Generalganj, Kanpur Nagar, died on 30/10/2008, leaving behind the petitioner and respondent (both daughters of Smt. Shakuntala Devi), as her legal heirs and successors. Smt. Shakuntala Devi died intestate. Late Smt. Shakuntala Devi (mother of petitioner and respondent), has shares of Reliance Industries Limited in which she was the recorded owner. Being daughters and the legal heirs and successors of late Smt. Shakuntala Devi, both the petitioner and respondent are entitled to have received all the property of their mother and there is no other legal heir and successor of late Smt. Shakuntala Devi. Plaintiff-petitioner filed a case under Sec. 372 of Indian Succession Act with a prayer to issue succession certificate in her favour, which was registered as Misc. Case No. 255/70/2022, Smt. Alka Singhania vs. Smt. Shilpi Agarwal. After the notice and publication in the newspapers, no objections were filed by anyone. The defendant, Shilpi Agarwal, appeared in the case and filed her consent along with affidavit dtd. 18/8/2022 stating therein that succession certificate be granted to the plaintiff. The Civil Judge, by order dtd. 18/1/2025, allowed the application filed by the petitioner and directed to issue succession certificate in favour of the plaintiff-petitioner with a rider that plaintiff-petitioner shall furnish a security bond and a personal bond for the amount for which succession certificate was being granted. Being aggrieved with the imposition of condition of furnishing security bond, the present petition has been filed.