HARI PRASAD SINGH Vs. PRAKASH SINGH

JUDGEMENT

(1.) Heard and perused lower Court records. One Dharamdeo Singh and his wife, Chandrawati Devi respectively died on 10-1-1999 and 20-1-1999 at village Maurikala, within Mau District of Uttar Pradesh, leaving behind three sons, Hari Prasad Singh, Jai Prakash Singh and Arun Kumar Singh and a daughter, Shanti Singh. Dharamdeo Singh was an ex-employee of Tata Iron and Steel Company Limited, Jamshedpur. The family has got a house at Gurdwara Road, Mango in Jamshedpur town. Wherein his sons are living. After retirement, he was living with his wife at his native village in Uttar Pradesh.

(2.) Dharamedo Singh and his wife. Chandrawati Devi on 26-5-1996 had made a fixed deposit of Rs.72,000.00 with the Tata Iron and Steel Company Limited, Jamshedpur for a period of 3 years. Maturity date of deposit was 28-5-1999 and thereafter the amount was payable to either or survivor. After death of both Dharamdeo Singh and Chandrawati Devi their eldest son, Hari Prasad Singh filed an application under S. 372 of the Indian Succession Act, 1925 for grant of succession certificate in respect of aforesaid amount of fixed deposit dated 28-5-1996, which was registered as Succession Certificate Case No. 74 of 1999 before the District Judge, Jamshedpur. His two brothers and sister supported him and informed the Court that they had no objection to the grant of succession certificate to Hari Prasad Singh alone. However, by impugned order dated 2-2-2001 the said case was dismissed on the ground that both Dharamdeo Singh and Chandrawati Devi had fixed place of abode at the time of their death at village Maurikala District-Mau in Uttar Pradesh and Head Office and Registered Office of Tata Iron and Steel Company Limited was at Mumbai and as such only Mau Court or Mumbai Court had jurisdiction to grant succession certificate, Jamshedpur Court has no jurisdiction to entertain the application and grant succession certificate as both the deceased had neither ordinarily resided at the time of death within the jurisdiction of this Court nor the amount was lying within the jurisdiction of this Court. It is stated that appellant's parents were permanently residing at Jamshedpur and the fixed deposit amount was also lying in Tata Iron and Steel Company Limited at Jamshedpur. It was nobody's case that the said amount was payable only at the Head Office or Registered Office of Tata Iron and Steel Company Limited at Mumbai and not at Jamshedupur. In this regard if Court had any doubt, a clarification could have been obtained from Tata Iron and Steel Company's office at Jamshedpur, where the fixed deposit amount was lying. In my view, Court below was required to consider the aforesaid aspect and then to pass appropriate order in respect of its jurisdiction in accordance with law. I, therefore, set aside the impugned order dated 2-2-2001 and remit the matter to the Court below for consideration, if necessary, after giving opportunity to the parties to adduce further avidence, if any, and dispose of the case in accordance with law.

(3.) Lower Court records must be sent down forthwith. Order accordingly.