FOOLI DEVI Vs. KELI DEVI

JUDGEMENT

(1.) THIS misc. appeal under section 384 of the Indian Succession Act, 1925 (hereinafter 'the Act of 1925') seeks to impugn the judgment dated 27.9.2000 passed by the learned District Judge, Ajmer (hereinafter 'the trial court') modifying an earlier succession certificate issued by the court and to include therein the respondents No. 1 to 3 Smt. Keli Devi, Smt. Kamla and Smt. Chhoti (hereinafter 'the respondents') as the daughters of deceased Prahlad with his relationship with one Smt. Ganga.

(2.) ONE Prahlad expired on 11.9.1990 leaving behind a fixed deposit of Rs. 40,000/ - in a bank. His then living wife Smt. Phooli Devi -obtained a succession certificate on 4.3.1991 on an application filed under section 372 of the Act of 1925 in case No. 123/1990. However, when Smt. Phooli Devi approached the Bank it transpired that one Smt. Keli Devi also claiming to be the daughter of the deceased Prahlad had obtained a similar certificate under section 372 of the Act of 1925 in case No. 15/1991 on 2.4.1991. In these circumstances Smt. Phooli Devi filed an application under section 383 of the Act of 1925 for cancellation of the certificate issued to Smt. Keli Devi on 3.7.1991. This application was registered as 66/1991. Keli Devi's case on her part sought cancellation of succession certificate dated 4.3.1991 issued to Smt. Phooli Devi. This was numbered 66/1991. Smt. Keli Devi's case was that Smt. Phooli Devi was divorced from deceased Prahlad 30 years prior to his death and thereafter, deceased Prahlad had married her mother Smt. Ganga Devi. From the marriage three daughters namely; Smt. Keli devi, Smt. Kamla and Smt. chhoti had been borne to Ganga Devi and they alone following Smt. Ganga's death entitled to succession certificate.

(3.) ON consideration of the matter vide impugned order dated 27.9.2000 the trial court held that Smt. Memi Bai as also the respondents Smt. Keli Devi, Smt. Kamla and Smt. Chhoti were all the daughters of Prahlad by his marriage with Smt. Phooli Devi in the first instance (qua Smt. Memi Devi) and thereafter relationship with Smt. Ganga Devi from which with three daughters namely; Smt. Keli Devi, Smt. Kamla and Smt. Chhoti were born. In these circumstances the trial court directed that all the four daughters of Prahlad were entitled to a succession certificate to an extent of 1/4th share each.