SUMITRA BAI Vs. PUBLIC AT LARGE

JUDGEMENT

(1.) Application No.3212/2014 for early listing of the misc. appeal is allowed for the reasons stated therein.

(2.) With the consent of the parties, the matter has been taken up for admission.

(3.) Mr. Sameer Sharma, appearing for the appellants, has submitted that the court below has completely misdirected itself in holding that merely because Sumitra Bai was not the legally wedded wife of the deceased Panchulal, succession certificate with regard to Panchulal's saving bank account as also his provident fund with the JVVNL could not be granted to her two children stated to have been borne out of Sumitra Bai's live-in relationship with the deceased Panchulal. Counsel has submitted that the Hon'ble Supreme Court in the case of Bhogadi Kannababu & Ors. Vs. Vuggina Pydamma & Ors., 2006 5 SCC 532 has held that even the progeny of a male born outside formal marriage would be entitled to succession to his personal property. Reliance has also been placed on the judgment of the Hon'ble Supreme Court in the case of Jinia Keotin & Ors. Vs. Kumar Sitaram Manjhi & Ors., 2003 1 SCC 730 to contend that the children born of void or voidable marriages even though not entitled to claim inheritance in ancestral coparcenary property would be entitled to claim inheritance in the personal property of parents.