SUBHITA Vs. PITHARAM

JUDGEMENT

(1.) The appellant is a married daughter of Jodhraj and has come up in this misc. appeal against the order dated 23/5/2000 passed by the District Judge, Sikar in Civil Case No. 47/97 on the applicaiton filed by the respondent Pitharam u/s 372 of the Hindu Succession Act.

(2.) Pitharam is the father of deceased Jodhraj. He on his behalf and on behalf of his wife i.e mother of Jodhraj, Jadavdevi has filed the applicaiton for grant of succession certificate for claiming the gratuity of Rs 87 200/- and GPF of Rs. 20,000/- being the father of the deceased. The deceased Jodraj was an employee of Rajsthan State Electricity Board. He died on 22.2.1997. At the time of death of Jodraj he had only one living married daughter i.e. the appellant Subhita and was living with her husband Phool Chand with her in- laws. It was the case of the respondent Pitharam that he was living with the son and was dependent on him and even though no nomination had been made by deceased Jodraj for payment of the gratuity and other funds in his official record, but as per Regulations 28 and 44 of the Employees' Pension Regulations, 1988 and Employees General Provident Fund Regulations, 1988, the married daughter was not entitled to receive any funds after the death of her father. It was stated that only unmarried daughter, father and mother were entitled to receive such gratuity.

(3.) During the pendency of the application before the District Judge, his wife Jadav Devi (mother of the employee) had died on 15 9 1988.