SHANTI Vs. PANKAJ

JUDGEMENT

(1.) This appeal is directed against the order dated 18-10-1993 passed by the learned Additional District Judge, Hissar, under Section 373 of the Indian Succession Act (hereinafter called the Act').

(2.) . The brief facts of the case are that Ramesh Kumar son of Sham Lal died on 5-11-1990. He was survived by two sons Pankaj and Robind and a daughter Shiwani by his predeceased wife Smt. Shakuntla. From Smt. Shanti alias Santosh, whom he married after the death of Smt. Shakuntla, he has a daughter Rekha and a son Ravi. All the children are minor. Sham Lal, paternal grand-father of the minor children of Smt. Shakuntla, made an application for the grant of succession certificate to the estate of the deceased. Initially, the second wife of Ramesh Kumar and the children from the second wife were not impleaded. It seems that at a later stage on an application made by them, they were impleaded as respondents Nos. 2 to 4. There is no dispute with regard to the inter-se relationship of the petitioners on the one hand and the respondents on the other hand with the deceased Ramesh Kumar. It is also not disputed that the petitioners as well as the respondents Nos. 2 to 4 had equal shares in the estate of the deceased. The only, dispute between the parties was whether the succession certificate should be granted in favour of the petitioners, or it should be granted either jointly in favour of the petitioners and respondents Nos. 2 to 4, or the grand-father of the petitioners should be made responsible for distributing both the sets of shares to each of the heirs of the deceased. Relying on Abdul Gafur Mahmadsaheb Manivar v. Jayarabi Ibrahim, AIR 1929 Bom 456, and Neazmul Haque v. Mt. Mouludunnissa, AIR 1934 Patna 304, the learned Additional District judge held that the succession certificate should be issued in favour of Sham Lal, grand-father of the petitioners, as well as respondents, subject to his furnishing security undertaking to pay the amount to each heir according to law.

(3.) . Aggrieved by the order, the present appeal has been preferred by Smt. Shanti alias Santosh and her two minor children.