SHIVLAL Vs. JOOTHA

JUDGEMENT

(1.) THIS is an appeal under sec. 384 of the Indian Succession Act (No. 39 of 1925 ).

(2.) THE respondent Jootha applied for grant of succession certificate in respect of the estate of the deceased Punamchand who died on Second Srawan Sudi 15, Smt. 2004 (31st of August 1947 ). THE respondent claimed to be the nearest heir of the deceased and alleged that one Chunilal, who had made a separate application for grant of such certificate was not the nearest heir. THE appellant Shiv Lal objected to the grant of certificate to Jootha alleging that the nearest heir of the deceased Punamchand was Chunilal, who later on died bequeathing all the property to the objector. It was mentioned that Chunilal had filed a petition for grant of succession certificate in respect of the estate of Punamchand, but that petition became infructuous owing to Chunila's death. THE relevant portion of the pedigree relied upon by the respondent is as under; - Haring Inda Chena Sarup Kuma Malla Tulcha Sobha Maga Jootha (Applicant) Chunilal (through whom the objector claimed) Punamchand (deceased)