LAWS(P&H)-2015-9-646

BIKRAMJIT SINGH @ VICKY Vs. PARAMJIT KAUR

Decided On September 11, 2015
Bikramjit Singh @ Vicky Appellant
V/S
PARAMJIT KAUR Respondents

JUDGEMENT

(1.) CM No.20001-CII of 2013

(2.) Respondent Paramjit Kaur filed an application under Section 372 of Indian Succession Act for the grant of succession certificate in respect of estate of deceased-Parkash Kaur wife of Sh. Ajaib Singh who died on 16.11.2004. Smt. Parkash Kaur was the mother of the applicant-Paramjit Kaur. Since Parkash Kaur has died leaving behind the applicant to be her only legal heir and, therefore, applicant has a right to succeed and inherit the estate of deceasedParkash Kaur as she has not left any legal heir except the applicantParamjit Kaur, therefore, applicant became owner of the estate, movable or immovable left by Parkash Kaur. At the time of her death Smt. Parkash Kaur was having account in Canara Bank, Jandiala Guru, District Amritsar. Applicant came forward to withdraw the amount lying in the Bank in the name of Parkash Kaur.

(3.) Defendants No.2 and 3 claimed themselves to be the nominee of deceased-Parkash Kaur. Applicant has denied that they were appointed as nominee. The alleged nomination has been claimed to be forged and fabricated. Defendants No.2 and 3 have no interest in the estate of deceased Parkash Kaur as she died intestate and did not execute any Will or any testamentary deposition.