SURENDRA BHATIA Vs. PUNAM BHATIA

JUDGEMENT

(1.) S. B. Civil Misc. Appeal No.245/2000 has been filed against the judgment and decree dated 6-12-1999 passed by the District Judge, Jaipur city, Jaipur by Surendra Bhatia - defendant. In the suit filed by Smt. Poonam Bhatia by which decree he had allowed the application of the respondent plaintiff of grant of succession certificate; whereas Appeal No. (defect) 219/2000 is also directed against the same judgment and decree dated 6-12-1999 by Smt. Swarn Anand D/o Shri Chunni Lal Bhatia who was one of the defendant in the suit filed by Smt. Poonam.

(2.) The respondent-plaintiff Smt. Poonam Bhatia w/o Late Sudershan Bhatia and Kumari Smita Bhatia D/o Late Sudershan Bhatia R/o 7, Pradhan Marg, Malviya Nagar, Jaipur had filed a suit for succession certificate against Surendra Bhatia, Smt. Swam Anand sons and daughters of Shri Chunni Lal Bhatia and Kumari Smita Bhatia wife of Shri K.B. Bhatia.

(3.) Suit was filed u/S.372 of the Indian Succession Act, 1925 stating therein in the application that the deceased Sudershan Bhatia, husband of Smt. Poonam Bhatia and father of Kumari Smita Bhatia had property at Jaipur and Delhi. The deceased Sudershan Bhatia died on 21-4-1989 in Frankfurt, Germany and being sole heirs, they had claimed the succession certificate about the assets and liability of the deceased. The application was resisted by the defendants, now the appellant i.e. brother and sister of the deceased. The claim was being resisted on the basis of Will dated 17-4-1989 (Ex. A-1) purported to have been executed by Sudershan Bhatia, with further submissions that the relations between the deceased and Smt. Poonam Bhatia were strained and, therefore, Sudershan Bhatia did not want to give any property to Smt. Poonam Bhatia. The Will is said to have been executed by the deceased Sudershan Bhatia in the hospital of Frankfurt in Germany. The following issues were framed;