SUNIL KUMAR AND ANOTHER Vs. GAYANTI DEVI

JUDGEMENT

(1.) Hari Sankar Prasad Gupta was an employee of Indian Telephone Industries, Naini, Allahabad. He died on 5.1.1985 and admittedly left behind him a son Sunil and a daughter Km. Sunita Smt. Gayanti Devi claiming to be the widow of Hari Shankar Prasad Gupta applied for grant of succession certificate in respect of the assets left by him. Admittedly, his daughter is at present in the custody of Smt. Gayanti Devi while the son is in the custody of the grand-mother. Succession certificate was initially granted by the Court on 12.8.1987. However, the parents of the deceased later applied for revocation of the said certificate contending that Smt. Gayanti Devi was not the duly wedded wife of Hari Shanker Prasad Gupta and therefore, no succession certificate could legally be issued in her favour. The prayer for revocation was rejected but the succession certificate was modified to some extent. According to the modified order, his two children, Smt. Gayanti Devi (widow), and Smt. Gulabi Devi, (mother), were held entitled to one-fourth share each in the assets lying to the credit of Sri Hari Shanker Prasad Gupta, deceased. Aggrieved by this order, the present appeal has been filed.

(2.) The main point raised in appeal is that since Smt. Gayanti Devi was not the only duly wedded wife of Hari Shanker Prasad Gupta, no succession certificate could be granted to her and his parents were his real successors. This submission is, however, not wholly correct. Even if Smt. Gayanti Devi was not the widow of the deceased the true heirs would be his minor children and mother. Father of the deceased in any case be the heir.

(3.) As to whether Smt. Gayanti Devi was the duly wedded wife of Hari Shanker Prasad Gupta, the parties had led some evidence in the Court below and prima facie the Court found in favour of Smt. Gayanti Devi. An effort was made to file certain additional evidence in this Court to prove otherwise but in my opinion such an exercise would be unnecessary as this dispute can more effectively be decided in a regular proceeding by way of suit or other side. In those proceeding the parties will have greater opportunity and freedom of adducing necessary evidence in support of there respective cases. Proceedings for grant of succession certificate being miscellaneous proceedings, any serious question such as the validity or otherwise of marriage cannot be properly gone into.