SHANTI DEVI Vs. SUCHITRA @ SANTOSH

JUDGEMENT

(1.) THIS appeal is directed against the order of Civil Judge (Senior Division), Rewari, dated 27.9.2007, whereby petition filed by the appellant (Shanti Devi) under Section 372 of the Indian Succession Act, (for short 'the Act') was partly allowed and partly dismissed, holding the appellant and respondent No. 1 (Smt. Suchitra Devi) entitled to Succession Certificate to the extent of 1/2 share each of the property left by Nahar Singh (since deceased).

(2.) BRIEF facts of the case are that Nahar Singh, son of the appellant and husband of respondent No. 1 died intestate in a road accident on 20.12.1996. The appellant, who happens to be the mother of Nahar Singh filed a petition under Section 372 of the Act in order to succeed to the moveable and immoveable properties left behind by Nahar Singh who was an employee of Gurgaon Gramin Bank. It was pleaded by the appellant in the petition that Bank had demanded Succession Certificate in order to release service benefits of Nahar Singh to her. It was averred that Nahar Singh was having an account in Gurgaon Gramin Bank and the appellant was entitled to get the entire amount left by him being his only legal heir.

(3.) IN order to substantiate their respective claim, both the parties led their oral as well as documentary evidence. The trial Court while deciding issue No. 1 came to the conclusion that at the time of death of Nahar Singh, respondent No. 1 and his two daughters were also with him on the scooter and in the said accident, respondent No. 1 received injuries while both their daughters had expired. It was further held that both appellant and respondent No. 1 are entitled to inherit the estate of deceased Nahar Singh to the extent of 1/2 share each.