RAM SAYANI DEVI Vs. RAM KUMARI DEVI

JUDGEMENT

(1.) The opposite parties appellants have filed this Misc. Appeal against the order dated 16 -2 -1994 passed in Succession Certificate Case No. 20 of 1990 by the District Judge, East Champaran at Motihari whereby the learned District Judge had allowed the prayer of the applicants - respondents for grant of succession certificate and held that Late Jugal Kishore Thakur had died while on duty and as such his two widows are entitled to get pension as half and half and that applicant Ram Kumari Devi as nominee in respect of his Group Saving Scheme is entitled to the amount of the Group Saving Scheme. The learned District Judge has also held that all his legal heirs i.e. the applicants and opposite parties are entitled to get General Insurance, Gratuity, G.P.F. and pay of late Jugal Kishore Thakur amounting to Rs. 99,000 according to their legal share.

(2.) The applicants of Succession Certificate Case No. 20 of 1990 who are respondents in this appeal had filed the Succession case for issue of certificate to them authorising them to realise the amount mentioned in the petition to the extent of their share out of the money deposited towards Group Insurance,. Life Insurance, gratuity, G.P.F. and any other amount to which Late Judgal Kishore Thakur was entitled. According to the petitioners the deceased Jugal Kishore Thakur had died on 17th July 1990 leaving behind two widows who were petitioner No. 1 and opposite party No. 1 and three sons who were petitioners 2 to 4 and four daughters who were petitioners 5 to 7 and opposite party No. 2. Opposite party No. 2 Kiran Devi is daughter of Jugal Kishore Thakur from his wife Ram Sayani Devi who was opposite party No. 1 Petitioners 2 to 7 are sons and daughters of Jugal Kishore Thakur from his wife Ram Kumari Devi who was petitioner No. 1. After the death of Jugal Kishore Thakur the petitioners and the opposite parties succeeded to the properties of Late Jugal Kishore Thakur under Hindu Succession Act, 1956. According to the petitioners they are entitled to 69/80 share and opposite parties are entitled to 11/80 share in the properties of Late Jugal Kishore Thakur. Late Jugal Kishore Thakur was an Accountant in the Electricity Department who was posted at Motihari and died while on duty.

(3.) An objection petition had been filed on behalf of opposite party No. 1 Ram Savani Devi widow of Late Jugal Kishore Thakur and opposite party No. 2 Kiran Devi daughter of Late Jugal Kishore Thakur and according to them the petitioners are not entitled for the succession certificate and they are not legal successors of the Estate of Late Jugal Kishore Thakur. Opposite party No. 1 Ram Sayani Devi is the first wife of Late Jugal Kishore Thakur and she was married to him in the month of Baisakh 1956. Late Jugal Kishore Thakur had married second wife who is petitioner No. 1 Ram Kumari Devi in the month of Jyestha of the year 1964. The second marriage of Late Jugal Kishore Thakur with the petitioner No. 1 Ram Kumari Devi is null and void. The petitioner No. 1 and other petitioners are not legal successors of the Estate of late Jugal Kishore Thakur. The petitioners are not entitled to any share. According to the opposite parties the petitioners are not entitled for succession certificate or any relief.