GAJPAL SINGH Vs. LRS OF RANJEET SINGH

JUDGEMENT

(1.) This appeal is directed against judgment dated 20.05.2013 passed by District Judge, Dungarpur, whereby, the application filed by one Ranjeet Singh, father of respondent Nos. 1/1 to 1/3 under Section 372 of the Indian Succession Act, 1872 ('the Act') has been accepted and it has been held that the securities, detailed in para 5 of the plaint together with interest/dividend thereon, shall devolve on legal representatives of Ranjeet Singh to the exclusion of non-applicants and a succession certificate be granted on payment of requisite court fees.

(2.) The application under Section 372 of the Act was filed by Ranjeet Singh in relation to the property/securities of one Ghanshyam Singh, inter alia, claiming that said Ghanshyam Singh had died on 08.02.2001 and had not married. Applicant (Ranjeet Singh) is real brother of deceased Ghanshyam Singh from the same mother and, other than the applicant, there is no other successor in full blood relationship of deceased Ghanshyam Singh. The averments pertaining to the territorial jurisdiction and the list of properties were also indicated and it was submitted that Ghanshyam Singh had not executed any Will and, therefore, the property would devolve under the provisions of Sections 8 and 18 of the Hindu Succession Act, 1956 ('HS Act'). The applicant initially impleaded only the State of Rajasthan as nonapplicant, however, on an application filed by the appellant Nos. 1 to 5 and respondent No. 3, they were impleaded as parties.

(3.) A written statement was filed, inter alia, indicating that the said non-applicants were brothers/sisters/mother of deceased Ghanshyam Singh and as their father is Nahar Singh, who has though contracted two marriages, being children of Nahar Singh, they were full blood relatives. It was, inter alia, indicated in para 9 of the reply that Smt. Amrit Kanwar was mother of Ghanshyam Singh and, therefore, all the non-applicants being, inter alia, brothers and sisters of deceased Ghanshyam Singh were entitled to succeed to him.