SEWA RAM Vs. SAUDINE JAWAHAR

JUDGEMENT

(1.) THE question which arises in this revision petition is as to whether the District Judge, Udaipur, had jurisdiction to entertain the application for grant of Succession Certificate in respect of the Estate of deceased Jawahar Hingorani.

(2.) JAWAHAR Hingorani at the time of his death was posted as Principal of the Government College at Jaisalmer. His wife, petitioner, who filed the application for Succession Certificate before the learned District Judge, Udaipur, was at the relevant time posted as Senior Lecturer in Meera Girls College at Udaipur and their son Ajay JAWAHAR was also residing with his mother Smt. Sauding JAWAHAR at Udaipur. The jurisdiction of the Court for granting Succession Certificate is governed by the Provisions of sec. 371 of the Indian Succession Act, which reads as under :- "371 Court having jurisdiction to grant certificate.- The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this part. " Thus, the District Judge, Udaipur, could have jurisdiction to grant succession Certificate in respect of the Estate of the deceased Hingorani, if he ordinarily resided at the time of his death at Udaipur or if at that time he had no fixed place of residence, or if he left part of his property at that place.

(3.) IN the present case the wife and child of the deceased resided at Udaipur and whenever he had holidays he used to return to his home and resided with his family. Thus, it cannot be held that Udaipur was not the place where the deceased ordinarily resided.