MAYA Vs. GENERAL MANAGER

JUDGEMENT

(1.) THIS order will decide M.A. No. 1589/1989 filed by Smt. Maya Bai, and M.A. No. 2434/2000, filed by Baijnath Singh and cross -objections filed by General Manager, Ordinance Factory, Jabalpur, arising out of order dated 8.5.1998 passed by Vllth Additional Judge to the Court of District Judge, Jabalpur, in Succession Case No. 64/1990.

(2.) SHORT facts of the case are that Smt. Maya Bai filed an application under section 372 of Indian Succession Act, 1925 (hereinafter referred as Succession Act) for grant of succession certificate in respect of debts of her husband Kapil Deb Singh, who died on 18.10.1989. The above application was filed on the ground that deceased Kapil Deb Singh married her in court marriage and after the marriage on 11th of June. 1989, she was residing with Kapil Deb Singh upto his death. She was paid other dues by respondent No. I in respect of insurance but pension, gratuity and G.P.F. was not paid. She is legal heir and successor of Kapil Deb Singh. On this ground she filed an application for grant of succession certificate. This application was opposed by Baijnath Singh, brother of Kapil Deb Singh by filing objections. In short the objections were :

(3.) IN this case this fact is not in dispute that appellant Maya Bai was residing with Kapil Deb Singh at the time of his death as married wife of Kapil Deb Singh. Her name was nominated by deceased Kapil Deb Singh in departmental papers which has been filed as Ex. D -8A. This nomination is dated 28.3.1987 which is the last nomination given by Kapil Deb Singh. Kapil Deb Singh has also filed an application on 27.3.1987 by which he has specifically mentioned that previously in the nomination he has nominated his mother and brother, but at that time he was not married and subsequently he has changed nomination papers in which he has specifically stated that in the nomination he has mentioned the name of Maya Bai and Baijnath Singh. This application is on record as Ex. D. 7 -A. The Court below though had relied on these documents but on the basis of previous nomination has allowed the objections filed by Baijnath Singh and it has been directed that both Maya Bai and Baijnath Singh are entitled for succession certificate in equal share. Though in nomination dated 28.3.1987 there is some over writing by which date 27 has been over written as 28, but from the perusal of the entire documents it appears that month and year is the same and the signature of Kapil Deb Singh on this document is not disputed. In view of the aforesaid it is proved that Kapil Deb Singh married to Maya Bai, and nominated her to be the person to whom service benefits be given. In the circumstances, the wife who is class one heir is entitled to receive all the service benefits of deceased Kapil Deb Singh. Brothers and sisters are the persons to whom property will be diverted only when there is no heir of class one. Under section 8 of Hindu Succession Act, 1956, widow is class one heir and is entitled to succeed the property of male Hindu "Dying intestate" and acquire the property. Brother is class two heir and is not entitled to any property when class one heir is alive. From the perusal of nomination Ex. D: 8 -A, it appears that the name of Baijnath Singh was given as second nominee and was entitled only when the first nominee is not available. In the circumstances, Court below erred in allowing objections filed by Baijnath Singh directing that 50% of the property be given to Baijnath Singh. In view of this, the order passed by Court below is set aside and it is held that Maya Bai alone is entitled for the succession certificate.