NOZER GUSTAD COMMISSARIAT Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) NOTICE of Motion is made absolute in terms of prayers (a), (b) and (c ). No order as to costs. The Prothonotary and Senior Master shall expeditiously take steps for issue of Succession Certificate subject to all office requisitions being complied with by the petitioner and subject to the interest of the petitioner minor being properly and adequately safeguarded.

(2.) THE petitioner is a minor. The petitioner is the only son of late Shri Gustad Rustomji Commissariat, hereinafter referred to as "the deceased". The deceased had divorced Freny D. Irani, natural mother of the petitioner, some time in the year 1985. The deceased was an employee of the Central Bank of India. On divorce being obtained as aforesaid, the deceased nominated respondent No. 4, his brother for purpose of provident fund etc. The petitioner has filed this petition for issue of Succession Certificate in respect of certain debts and assets belonging to the deceased by his next friend, mother and natural guardian the said Freny Irani. There is no dispute that the petitioner is the minor son of the deceased and the petitioner is his only heir.

(3.) THE assets of the deceased include a sum of Rs. 1,95,167/- lying to the credit of the deceased in the Provident Fund Account bearing No. 2590. The deceased died on 4th October 1992.