RAM JATAN MURMU Vs. MARSHILA MARANDI

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and learned Counsel for the Respondent.

(2.) The instant appeal has been filed by Ram Jatan Murmu S/o Babu Ram Murmu, who had earlier filed an application before the trial court Under Section 372 of the Indian Succession Act through is grandfather Dhona Murmu for grant of succession certificate which was refused and by the impugned order dated 16th September, 1998, learned District Judge, Sri Harishankar-Prasad, Dumka(S.P.) granted succession certificate to the mother, Marshila Marandi-Respondent No. 1 in the case. After filing of the appeal and during the pendency of the same, the appellant -minor, Ram Jatan Murmu has become major and has prayed to contest the appeal as major, as allowed by order dated 15.4.2010.

(3.) Learned Counsel for the appellant has submitted that since,, appellant is major, as per the Santhal Law under their customary law accepted by Hon'ble Supreme Court and also by this Hon'ble Court in various judgments, he alone being the male heir of his father, Baburam Murmu is entitled to succeed to the properties of his father including the insurance policy, provident fund and money etc. It is submitted by learned Counsel for the appellant that the trial court had granted certificate in favour of the mother holding that she is the natural guardian of the minor son, Ram Jatan Murmu. Since, his grandfather has wrongfully kept him and filed succession certificate, the succession certificate was granted in favour of the mother as natural guardian, but now the situation has changed and the son himself is in a position to look after the properties of his father and also his mother.