PURAN PRASAD SHARMA Vs. RAJESH RADHESHYAM

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 11-9-1995 passed by the Second A. D. J. , Bhind, granting a succession certificate only in favour of the respondents Radheshyam and Rampyari.

(2.) THE brief facts are that one Jairam Sharma was a Constable in M. P. Police. He died on 29-1-1989. He was unmarried and had no issues. He left only his brother, sister and others in the family. The dispute arose between the parties when the application was moved for grant of successsion certificate. The contention of the appellant was that he was adopted by deceased Jairam Sharma as a son and he is a legal heir of class I of Section 8 of the Hindu Succession Act and excludes the others.

(3.) THE adoption was denied by the respondents. The parties led evidence and the trial Court after inquiry found that the adoption in favour of the appellant was not proved. The matter was left to be decided among the legal heirs for grant of succession certificate. The trial Court found that the legal heirs are only brother and sister excluding others. Therefore, the certificate was granted in their favour.