MADHULIKA VERMA Vs. PRABHAWATI VERMA

JUDGEMENT

(1.) This appeal is filed under Section 384 of the Indian Succession Act, against the order dated 22/1/1996, passed by Fifth Additional District Judge, Gwalior in Case No. 44/87. Succession, whereby the Court below has rejected the application filed by the present appellants for revocation of succession certificate issued in favour of respondent in Case No. 216/85 Succession, which was amended by Older passed in Case No. 13/87.

(2.) The present appellants are heirs of one Sanjay Verma. Sanjay Verma is alleged to be son of Harikishore Verma and Gayitri Devi Verma. Harikishore was in employment of State Bank of India, who retired from the Bank on 30-9-1981 and died on 17-3-1989. Gayitri Devi Verma was an employee of Education Department, who died on 30-7-1984. Respondent Prabhawati is the daughter of Harikishroe and Gayitri Devi. After death of Gayitri Devi Varma, Harikishore and respondent Prabhawati moved an application for issuance of Succession Certificate in respect of the property of Smt. Gayitri Devi Verma on 12-2-1985. The name of Sanjay Verma was mentioned in the casuse-title of the said application as respondent. In the said proceedings on 3-3-1986 Prabhawati moved an application that she has no objection if the succession certificate is issued in favour of her father, i.e., Harikishore. On 9-3-1986 the Court issued Succession Certificate in favour of Harikishore. After issuance of Succession Certificate, Prabhawati moved an amendment application praying for amending the said certificate by adding her name as successor. This application was registered as MJC 13/87. Notices of this application were published in the newspaper and on getting knowledge of the said application the present appellant No.1 filed an objection to the effect that her husband Sanjay Verma, who had committed suicide by that time, was also son of Gayitri Devi Verma and, therefore, she is also entitled to succeed the estate of Gayitri Devi Verma. The objection filed by appellant Madhulika Verma was not considered by the Court below and Succession Certificate was amended by adding the name of Prabhawati on 9-10-1987. Thereafter, Madhulika Verma filed the present application for cancellation of the Succession Certificate. This application was registered as MJC 44/ 87. This application is rejected by the impugned order. Hence, this appeal.

(3.) Some more relevant facts of the case are that the appellant No.2 had filed a suit against Harikishore Verma, which was registered as Civil Suit No.183A/86 in the Court of Third Civil Judge Class-2, Gwalior. In that suit the appellant No.2 -had alleged that Harikishore Verma is trying to alienate the ancestral property situated in Dana Oli, Lashkar-Gwalior. This suit was compromised on 11-3-1987. A copy of the order is on record as Ex.P/1. As per the said decree, Harikishore Verma agreed to give the amount of Family Benefit Fund and General Provident Fund of Gayitri Devi Verma to the appellant No.2. Harikishore Verma further agreed to give sale proceedings of the house situated at Dana Oli, Lashkar-Gwalior to Akash Verma and also agreed to transfer plot No. 19 situated at Johari Colony, Gwaiior, owned by Gayitri Devi Verma in the name of appellant No.2 Akash Verma. As per the said compromise, it was agreed that Akash Verma will get the ornaments laying in Locker No. 997 in State Bank of India except a golden neckless which will be kept by Harikishore Verma. Respondent Prabhawati Devi opposed his compromise application but her application was rejected. On 12-10-1987 the present appellant came to know about the Succession Certificate and, therefore, moved an application under Section 383 of the Indian Succession Act for revocation of the same.