ROOPADEVI Vs. GEETA DEVI

JUDGEMENT

(1.) This Civil Revision has been preferred against the order dated 07.02.2009 passed by First Additional District Judge, Narsingpur in Miscellaneous Civil Appeal No.02/2006, by which, the order dated 15.10.2005 passed by Civil Judge Class-I, Narsinhpur in Succession Case No.05/1998 is partly set-aside and application filed under Section 372 of Indian Succession Act, 1925 by the applicants for grant of succession certificate in respect of money deposited in various banks and Excise Department by Late Shri Kishori Lal, was dismissed and it was ordered that the succession certificate for the same amount be issued in favour of the present respondents No.2, 3 and 4.

(2.) The facts giving rise to this revision in short is that, the applicant Smt. Roopadevi alias Agara Bai stating herself to be wife of Late Shri Kishori Lal filed an application under Section 372 of Indian Succession Act, 1925 (hereinafter referred to as ''Act' for brevity), which was registered as Succession Case No.05/1998 at Narsinghpur praying that she had married with Kishori Lal Rai and out of their wedlock, three sons Bharat Kumar, Bishwas Bharat and Rajesh Bharat (applicants No.2 to 4) were born. Late Kishori Lal had deposited money in various banks as described in paragraph No.2 of the application and also, there is Rs.3 Lakhs kept in Excise Department of Narsingpur which is payable to Kishori Lal thus, the total amount is Rs.10,68,469.69, which is after the death of Kishori Lal payable to the applicants Smt. Roopa Devi and her sons applicants No.2 to 4, who are the only legal heirs of the deceased. Therefore, it is prayed that the Succession Certificate may be issued in favour of the applicants.

(3.) After the publication of the notice the respondents filed the objection. Respondents No.1 to 4 Smt.Geeta Devi and her sons have submitted that Smt. Geeta Devi is the legally wedded wife of Late Shri Kishori Lal and respondents No.2 to 4 are their children. Therefore, being legal heirs of the deceased they are entitled to get the Succession Certificate on their name to receive the property of the deceased Kishori Lal. It is further pleaded that Smt. Roopa Devi is not legally wedded wife of the deceased Kishori Lal. She lived with Kishori Lal without any marriage and their relationship was like a concubine. The children of Roopa Devi i.e applicants No.2 to 4 are illegitimate children having no right on the property of Kishori Lal. Therefore, the respondents No.1 to 4 prayed for grant of Succession Certificate in their favour by filing a separate petition under Section 372 of the Act.