VIMLA Vs. SITA SHANKAR LAL

JUDGEMENT

(1.) The present civil miscellaneous appeals have been filed by the appellants assailing the orders dtd. 22/1/2019 passed by the learned District and Sessions Judge, Sawai Madhopur, in Civil Misc. Case Nos. 35/2016 and 36/2016 titled 'Sita vs. General Public & Ors.', whereby the application of respondent No.1 was allowed and succession certificate under Sec. 372 of the Indian Succession Act, 1925, were granted in favor of the applicant, Sita Devi, and non-applicant, Narbda Devi to the extent of 1/3rd share each, of the movable property left behind by late Shri Shankar Lal.

(2.) Brief facts giving rise to the present appeals are that the applicant/respondent No. 1, Sita Devi, filed an application under Sec. 372 of the Indian Succession Act, 1925, for the grant of a succession certificate on or about 13/5/2016, inter alia stating that the applicant's husband, Shri Shankar Lal, expired intestate on 1/12/2015. He left behind the applicant, who is his wife, and non-applicant No. 2/appellant, Vimla, who is his daughter. It was also stated that there is no other legal heir of late Shri Shankar Lal and that he had a bank account bearing No. 30006101130036757 in the Sawai Madhopur Kendriya Sahakari Bank Ltd., containing an amount of Rs.9,43,545.00 (Civil Misc. Case No. 35/2016) as well as an account bearing No. 10604794221 in the State Bank of India, Sawai Madhopur, containing an amount of Rs.2,88,089.00 (Civil Misc Case No. 36/2016). It was also averred that the applicant approached the respective banks to withdraw the aforesaid amounts, but the banks refused to release the said amounts in the absence of a succession certificate; and therefore prayed that a succession certificate may kindly be issued in her favour.

(3.) The non-applicant No.2/appellant did not file any reply to the aforesaid application.