LAWS(MPH)-1996-9-67

KHEEKBAI Vs. CHAMRU RAM YADAV

Decided On September 03, 1996
KHEEKBAI Appellant
V/S
CHAMRU RAM YADAV Respondents

JUDGEMENT

(1.) THIS appeal under Section 384 of the Indian Succession Act, 1925 by the objectoin /appellant is directed against the order dated 8. 4. 1992 passed by the First Addl. District Judge, Raigarh in Succession Case No. 4 of 1989, allowing the application for grant of succession certificate in the name of the respondent in respect of the date and sureties of the deceased Sonkunwar Bai.

(2.) THE appellants/respondents moved an application under Section 372 of the Indian Succession Act for grant of succession certificate in respect of an amount of Rs. 31,484/-, deposited towards G. P. F. and Family Benefit Fund by the deceased Sonkunwar Bai, who was working as a peon in the Soil Conservation Office at Dharamjaigarh, Distt. Raigarh and died issueless on 6. 11. 1987, on the basis of the nomination in the G. P. F. account submitted by the deceased in her office. The appellants objected to the grant of succession certificate to the respondents on the ground that they are heirs of the husband of deceased, being brothers and sisters of the husband of the deceased, and they claimed to be the nearest relation and heirs of the deceased. It was further alleged that the nomination form was bogus and maneuvered.

(3.) THE learned Addl. District Judge, on consideration of the evidence adduced by the parties, allowed the application for grant of succession certificate to the respondents.