JASBIR KAUR Vs. PRITAM KAUR

JUDGEMENT

(1.) C. M. No. 11607-C of 2010 : Allowed as prayed for. C. M. No. 11608-C of 2010 : Application is allowed and Annexures A-1 to A-3 are taken on record, subject to all just exceptions. Main Appeal : Appellants are widow and minor daughter of Gurkirpal Singh, who was employed as Junior Engineer in U T., Chandigarh Administration. He died in harness. Respondents no.2 and 3 herein are minor daughter and minor son of said Gurkirpal Singh from his first wife Harbans Kaur. There was divorce by mutual consent between Gurkirpal Singh and Harbans Kaur and thereafter, Gurkirpal Singh married appellant no.1 Jasbir Kaur and out of this wedlock, appellant no.2, who is minor, was born. Respondent no.1 Pritam Kaur is mother of Gurkirpal Singh.

(2.) Appellants herein filed petition under Section 372 of the Indian Succession Act, 1925 (in short ? the Act) seeking Succession Certificate regarding amounts of salary, Death-cum-Retirement Gratuity, Pension Provident Fund, Group Insurance Scheme, Leave Encashment, Ex-gratia payment, family pension, amounts of life insurance policy and amounts deposited in two banks. The appellants claim that claim of respondents no.2 and 3 herein had been satisfied by paying Rs.1,10,000/- towards their maintenance and other things, if any, payable to them. Accordingly, the appellants claim Succession Certificate for all the amounts exclusively for themselves.

(3.) Respondents herein, who were respondents no.2 to 4 in the original petition (General Public being respondent no.1), contested the claim of the appellants herein. It was pleaded that respondents are also legal heirs of Gurkirpal Singh. Payment of Rs.1,10,000/- by Gurkirpal Singh to mother of respondents no.2 and 3 was admitted, but it was denied that it was towards full and final settlement of their claim. It was denied that petitioners-appellants are the only legal heirs of the deceased. On the other hand, appellants as well as respondents are legal heirs of the deceased. Various other pleas were also raised.