SOMWATI TIWARI Vs. PEOPLE IN GENERAL

JUDGEMENT

(1.) This is a revision by the applicants against the order by which their appeal challenging the order of the rejection of their application under Section 372 of the Indian Succession Act, 1925 (hereinafter to be referred to as the Act) has been dismissed.

(2.) Both the Courts below have taken the view that the Court in which the application under Section 372 of the Act was presented has no territorial jurisdiction to decide the application. After hearing the learned counsel for the petitioners this Court is of the opinion that the view taken by the two Courts below is erroneous and contrary to the provision made in Section 371 of the Act. The case of the applicants was that Motilal Tiwari was working as Section Commander in 11th Battalion at Bhilai. He died in a hospital in Jabalpur. It is clearly mentioned in the letter dated 19-5-2000 (Ex. P-2) of the Commandant, 11th Battalion, Bhilai that Motilal Tiwari was permanent resident of village Marhi, District Satna and he was posted at Bhilai as Section Commander.

(3.) Section 371 of the Act provides that the District Judge within whose jurisdiction the deceased "ordinarily resided" at the time of his death may grant a succession certificate. In the application under Section 372(1) of the Act "ordinary residence" of the deceased at the time of his death is to be stated. In the present case it was specifically stated in the letter referred above that deceased Motilal Tiwari was permanent resident of village Marhi, District Satna. There was no rebuttal of this fact as the application for grant of succession certificate was not opposed by anyone. It has been held by this Court in Shiv Kumar v. Bhanu Pratap 1962 MPLJ (Note) 113 that the territorial jurisdiction for the purpose of grant of succession certificate is determined by the place where a person ordinarily resided. The term "reside" is not defined in the Act. But in the Oxford Dictionary it is stated to mean "dwelling permanently or for a considerable time, to have one's settled or usual abode, to live in or at a particular place."