JEERA BAI Vs. SWATANTRA KUMAR

JUDGEMENT

(1.) RESPONDENT No. 1 Swatantra Kumar filed an application under Section 372 of the Indian Succession Act, for grant of succession certificate in His favour regarding the saving bank account of deceased Rameshwar Prasad, who undisputably died on 14. 8. 1989. The respondent No. 1 petitioner filed the application as above with the averment that he is the son of the deceased Rameshwar Prasad. The application was opposed by the appellant Smt. Jeera Bai, who claimed to be the wife of Rameshwar Prasad.

(2.) THE learned Succession Court found that the appellant/objector could not prove that she was the married wife of deceased Rameshwar Prasad. Accordingly her objection was rejected.

(3.) LEARNED Counsel for appellant submits that the claimant had stated that she had married the deceased. However the statement of the claimant/appellant Smt. Jeera Bai indicates that she claims that she was married to Rameshwar Prasad by exchange of garlands in the temple. She has stated that nobody else, except the deity or God knows about the marriage.