RAMESH CHANDRA Vs. LEELA DEVI

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 17/3/2023 passed by the Additional District Judge, Chittorgarh in Civil Misc. Case No.43/2018 whereby the application under Sec. 372 of the Indian Succession Act, 1925 as preferred by applicant-Leela Devi and the counter claim as preferred by non-claimant No.3-Ramesh Chandra have been partly allowed.

(2.) Vide the order impugned, the learned Court proceeded on to hold both the applicant and non-claimant No.3 entitled for half share each of the FDR amount of Rs.1,74,000.00 as deposited with non-applicant No.1-Bank.

(3.) The present appeal has been preferred by non-applicant No.3-Ramesh Chandra with the submission that the applicant prayed for grant of a succession certificate in her favour on the basis of an alleged will executed by deceased-Sundar Devi. Learned Court rightly did not find the said will to be proved and hence, when the will was once found to be not proved, no relief in favour of the applicant could have been granted. It has further been submitted that appellant-Ramesh Chandra was a nominee in the FDR of the deceased and hence, he alone was entitled for grant of the succession certificate.