SHILABAI Vs. AJUNABAI

JUDGEMENT

(1.) AN application for Succession Certificate Under Section 372 of the Indian Succession Act, 1925 was moved by Smt. Shilabai which was registered as Succession Suit No. 13/88 before the Second Additional Judge to the Court of District Judge Balaghat. One Ranglal Pancheshwar was an employee in the Health Department of the State Government and at the time when he expired i. e. on 7. 8. 88, he was posted at Primary Health Centre, Baihar. He was a Government servant.

(2.) THERE was a Family Benefit Fund maintained by the State Government. After Ranglal's death, a question arose regarding a payment of the Family Benefit Fund, regarding which an application was made by Ajunabai on 15. 8. 88, claiming the amount of Family Benefit Fund. On 29. 9. 88, a letter was sent to Smt. Shilabai (Ex. A-3) stating that since there were two applications, she was directed to obtain the Succession Certificate from the Competent Court so that further action in the matter may be taken. Accordingly. Smt. Shilabai moved for Succession Certificate.

(3.) IT has been stated by the learned Counsel that another application was moved by Smt. Ajunabai for Succession Certificate but that application its pending before the concerned authority and has been stayed under the orders of this Court.