RAM KUMAR Vs. CHAMAN LAL

JUDGEMENT

(1.) CHAMAN Lal respondent filed an application under Section 372 of the Indian Succession Act for granting certificate regarding a sum of Rs. 24,739.16 along with interest due thereon upto the date of the decision of the application lying deposited in the in Saving Bank Account No. 153339 of the deceased Babu Ram in post office Shehzadpur, tehsil Naraingarh, Distt. Ambaia.

(2.) BABU Ram died on 4.2.1984 at Shehzadpur which was his ordinary place of residence. Chaman Lal pleaded that the deceased had executed a valid will which was duly registered on 9.11.1983 in his favour whereby he was made the sole heir of the amount lying deposited in Saving Bank Account No. 153339 in post office Shehzadpur. Babu Ram deceased had left behind window; two other living sons as well as children of his pre -deceased son.

(3.) After hearing the counsel for the parties, objections filed by the other heirs of deceased Babu Ram were accepted and succession certificate was ordered to be issued in favour of Class -I heirs on their furnishing necessary stamp papers. Aggrieved by the order passed by the trial Court Chaman Lal filed an appeal before the first appellate Court. In appeal, order of the trial Court was impugned by Chaman Lal on the plea that the succession certificate could be issued only in his favour and not along with other natural Class -I heirs of the deceased Babu Ram. It was argued before the first appellate Court that the deceased had made Chaman Lal as the sole heir by virtue of a registered Will executed in his favour and that the succession certificate could only be issued in favour of the applicant. First appellate Court on the first point found that as the question of title was involved on the basis of will, the same was not capable of decision in summary proceedings under the said Act and as such the finding recorded by the trial Court holding the Will to be not a validly executed Will was ordered to be set aside. On the second point, it was held that the succession certificate could be given to only one person and not a group of persons who was to distribute the property of the deceased as per entitlement. First Appellate Court, therefore, held that Chaman Lal who was admittedly a son of the deceased was entitled to the grant of succession certificate and the order of the trial Court granting succession certificate to respondents No. 2 to 5 also (along with Chaman Lal) was liable to be set aside. The order of the trial Court was accordingly modified and it was ordered that succession certificate be issued in favour of Chaman Lal alone on his furnishing a bond for the amount of succession certificate with one surety in the like amount for rendering an account of the amount received by him and for indemnity of persons who may be entitled to the whole or any part of the amount in question on filing of stamp paper to the satisfaction of the trial Court. Being aggrieved by the order of the lower appellate Court respondents No. 2 to 5 have filed the present revision petition.