RUKMANIBAI Vs. BISMILLABAI

JUDGEMENT

(1.) This is an appeal by the appellant/objector under S. 384 of the Indian Succession Act, 1925 (for short, the 'Act') against the order dated 16-3-1982, passed in Succession Case No. 23/1981, by the Ninth Additional Judge to the Court of District Judge, Indore (for short, the 'Succession Court'), granting succession certificate to the respondent for the debts and securities left by deceased Babu.

(2.) The material facts leading to this appeal are thus : Deceased Babu son of Nathu was employed in the Rajkumar Mills; Indore, who died on 28-5-1980, having left Rupees 15,000/- in his Provident Fund Account with the Regional Provident Fund Commissioner, Indore, and Rs. 10,000/- as EDLI Benefits; the deceased in his lifetime renounced his Hindu religion and converted himself to a Mahomedan. The respondent Bismillabai, the daughter of the deceased, applied under S. 372 of the Act for the grant of succession certificate. To that the appellant objected and prayed for the grant to her, being the niece of the deceased. The Succession Court after holding an enquiry and on the material produced, held that the deceased converted himself to a Mahomedan and, therefore, the rights of inheritance were governed by the personal law applicable to a Mahomedan. On evidence the Succession Court found that Bismillabai was the daughter of the deceased; the deceased during his lifetime opened a joint account in his name as well as Bismillabai's name in the Central Bank, Siyaganj Branch, Indore City; the deceased made Bismillabai as his nominee to the provident fund account. Aggrieved in this grant to the respondent, the appellant has come up in appeal.

(3.) Shri B. Pandya, counsel for the appellant, and Shri M. A. Khan, counsel for the respondent, were heard.