SUMITAR KAUR Vs. GENERAL PUBLIC

JUDGEMENT

(1.) THIS is civil revision filed by Sumitar Kaur against the order of Additional District Judge, Kaithal dated 4.6.1999 setting aside on appeal of Amar Kaur that of Civil Judge Sr. Division, Kaithal dated 26.10.1998 whereby he (Civil Judge Sr. Division, Kaithal) had ordered that grant of succession certificate to Amar Kaur and Sumitar Kaur respecting the estate of Waryam Singh in equal shares and then granting succession certificate to Amar Kaur alone to the exclusion of Sumitar Kaur respecting the estate of Waryam Singh. Facts :

(2.) SMT . Amar Kaur claiming herself to be the widow and the only legal heir of deceased Waryam Singh filed application under Section 372 of the Indian Succession Act for the grant of succession certificate to her in February, 1986 in respect of the estate of late Waryam Singh as mentioned in schedule 1 to the application. It was alleged in the application that Waryam Singh died on 13.8.1985 leaving an amount of Rs. 59,012.32 in his account as detailed and described in schedule-1. She being the widow and the only legal hire of Waryam Singh, is entitled to inherit him in view of the provisions of Hindu Succession Act and as such she is entitled to the grant of succession certificate in respect of that amount together with interest up to date.

(3.) AMAR Kaur put in rejoinder to the objection petition filed by Sumitar Kaur urging that she alone in the widow of Waryam Singh. It was denied that Sumitar Kaur ever married Waryam Singh or she is also the widow of Waryam Singh.