OM PRAKASH Vs. KUMARI MAYA

JUDGEMENT

(1.) APPELLANTS by the instant appeal have assailed the impugned order dated 18.11.2011, passed by the learned District Judge, Bhilwara, whereby the learned Court below has accepted the petition of the first respondent Kumari Maya under Section 372 of the Indian Succession Act, 1925 (for short, hereinafter referred to as 'the Act of 1925') and issued Succession Certificate in her favour for debts and securities amounting to Rs.34,228/ of her deceased mother Smt. Kamla Devi.

(2.) THE facts, in brief, are that the first respondent, minor daughter of deceased Smt. Kamla Devi, laid a petition under Section 372 of the Act of 1925 before the District Court, Bhilwara (for short, 'the learned trial Court') through her next friend uncle Chaturbhuj, with whom she is living presently, for issuance of a succession certificate with respect to debt and securities for a sum of Rs.34,228/ of her deceased mother. In the petition, the appellants, who are real brother and sister of the first respondent, were also arrayed as party. The first appellant, while responding to the said petition, has not opposed the prayer of the respondent. However, the second appellant has resisted the claim of the respondent. The learned trial Court settled the issues and after taking into account the evidence of the rival parties, allowed the petition for issuance of succession certificate.

(3.) ON perusal of the impugned order, it is amply clear that the first respondent is a minor daughter of deceased Smt. Kamla Devi, who has died in harness while serving with the Education Department of the Government as Class IV Employee on 16th of May 2003. From the facts as emerged out from the impugned order, the second appellant is the elder daughter of the deceased, who is already married and the respondent is residing with her uncle Chaturbhuj through whom the petition for issuance of succession certificate was laid.