JHUGLI TEKAM Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Being aggrieved by the order dated 9-10-2002 passed by the ADJ. Shahdol in MCA No. 15/01, this revision under Section 115 of CPC is preferred by the petitioner.

(2.) . Bhukia Bai was legally wedded wife of Kolai Singh. Savitri, Jhugli Bai are daughters of late Bhukia. Savitri was unmarried and was in the employment of the State Government. On her death the applicant/ petitioner filed an application under Section 372 pf the Indian Succession Act for issuance of succession certificate in the matter of debt security etc. of late Savitri. The petition was resisted by non-applicant/respondents on the ground that Sonarin is another wife of Kolai Singh. From her, Mahesh Malti, Mamta and Madhu are sons and daughters. Sonarin the step-mother of late Savitri and sons, daughters born from Sonarin, are also entitled to inherit the property left by Savitri. In Succession Case No. 20/2000, Civil Judge Class-I, Shahdol directed issuance of succession certificate to the petitioner/applicant to the extent of l/6th share in the debt security etc. of late Savitri Bai. Being aggrieved by this order, petitioner/applicant preferred MCA No. 15/00 in the Court of ADJ. The appeal was disposed of vide order dated 9-1 -2002 recording a finding that Sonarin being step-mother of late Savitri would not be entitled to inherit the property of late Savitri, however, children born of step-mother Sonarin are entitled to inherit. Accordingly, the order passed by the Civil Judge, Class-I in Succession Case No. 20/OOwas modified and applicant/petitioner was made entitled to inherit 1 /5th share in the property left by late Savitri. It has been contended that the Court below wrongly proceeded to pass order declaring entitlement of issues from step-mother with reference to Sections 15, 16 of the Hindu Succession Act. Section 18 of the Hindu Succession Act applies in the instant case and applicant/petitioner alone is entitled to seek a succession certificate as applied under Section 372 of the Indian Succession Act.

(3.) Bhukia was legally married wife of Kolai Singh, Savitri and applicant/petitioner Jhugli Bai were born from Bhukia Bai, therefore, Savitri and applicant/petitioner are real sisters. Sonarin is another wife of Kolai Singh from whom respondent Mahesh, Malti, Mamta and Madhu were born. Sonarin, therefore, is step-mother and children born from her were not real brothers and sisters of Savitri. Section 15 of the Hindu Succession Act reads as under : (15)(1) The property of a female Hindu dying intestate shall devolve according to the rule set out in Section 16, (d) Fourthly, upon the heirs of the father.