DAYAL SINGH Vs. HIRA SINGH

JUDGEMENT

(1.) The Petitioner has challenged order of Civil Judge (Senior Division), Chandigarh dated 11.05.2000 and order of Additional District Judge, Chandigarh dated 09.01.2002 by which a petition filed by Respondent Hira Singh under Section 372 of the Indian Succession Act, 1925 (for short "the Act") for issuance of succession certificate in respect of the estate of Labh Singh son of Roor Singh has been allowed.

(2.) Brief facts of the case are that Roor Singh had two sons namely Hira Singh (Respondent), Labha Singh and two daughters namely Bachan Kaur and Gurdial Kaur. The Petitioner is the son of Gurdial Kaur. The dispute is with regard to the estate of Labh Singh who died intestate and issueless. After the death of Labh Singh, his brother Hira Singh (Respondent) filed a petition under Section 372 of the Act seeking the issuance of succession certificate in respect of the estate of Labh Singh (deceased). In the said petition, the Respondent had alleged that:

(3.) The family or other near No. The deceased was unrelation of the deceased married and died issueless. and their respective There is no other relation of residence: the deceased except the Petitioner being the brother of the deceased.