K SHYAMLA Vs. K SUGNA DEVI

JUDGEMENT

(1.) THIS is an appeal Under Section 384, of the Indian Succession Act, 1925 (for short the Act') against the order dated 18-12-1996, passed in Succession Case No. 53/94 by the Second Additional District Judge, Durg.

(2.) THE facts which are not disputed in this appeal are thus : One K. Satyanarayan was working as chargeman-cum-senior technician in the Bhilai Steel Plant with personal number 12387 and Token No. 17084. He died intestate on 22-2-1992 at Bhilai. Therefore, wife of the deceased i. e. , the respondent No. 1 made an application Under Section 372, of the Act, for grant of succession certificate in respect of the debts and securities due to the deceased as detailed below : (i) Contributory Provident Fund Amount Rs. 1,24,230 = 00 (ii) Service amount Rs. 10,000 = 00 (iii) Gratuity Rs. 55,932 = 00 (iv) Fixed Deposit A/c No. 208330, Rs. 10,000 = 00 Sub-Post Office, H. S. G. IIIrd (v) Post Office, MPM (CTD), Espath Bhawan SBM : CTD A/c No. 257568 Rs. 2,160 = 00 CTD A/c No. 250478 Rs. 2,160 = 00 (vi) Life cover Amount Rs. 26,000 = 00 (vii) Share capital B. B. M. Cooperative Rs. 1,000 = 00 Canteen Account No. 197 Rs. 2,31,482 = 00

(3.) THE appellant objected to the grant of certificate and contended that she was married to the deceased according to the Hindu Rites, on 18-2-1991, at Raipur and was living with him as his legally wedded wife till his death, therefore, she is entitled to grant of certificate and not the respondent No. 1, who was living separately in Andhra Pradesh since 1975.