P. CHANDA RAO Vs. AADI LAKSHMI

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred against the impugned order dtd. 11/6/2007 passed by the learned 1st Additional District Judge, Jamshedpur in Succession Certificate Case No.28 of 2006, whereby the learned Court below has refused to grant the succession certificate to the appellant/ applicant in regard to the amount of Rs.2,50,000.00 in fixed deposit with the Union Bank of India jointly in the name of the appellant and her deceased husband.

(2.) The brief facts leading to this Miscellaneous Appeal are that the appellant P. Chanda Rao had filed the application for grant of Succession Certificate under the provision of Sec. 372 of the Indian Succession Act with these averments that her husband died on 20/6/2004 and after his death he left behind him his wife, two daughters and one son, all three children were minor at that time and all were residing with the applicant/ appellant. Besides leaving his wife and the minor children, the deceased had also left his father Mr. P. Ramchandra Rao, who was alive at that time. The husband of the appellant and the appellant herself had initially deposited Rs.50,000.00 each for five year in fixed deposit and that account was either or survivor. The deceased had not executed any will in regard to the amount deposited in fixed deposit and the prayer was sought to issue the succession certificate in regard to the matured amount, which was Rs.2,50,000.00. The details of the same is given at the foot of the application in the schedule. All the requisite formalities were completed before the learned lower Court.

(3.) On behalf of the appellant in oral evidence examined A.W.-1, P. Chanda Rao herself and A.W.-2, Bhuneshwar Rao. In documentary evidence adduced the fixed deposit certificate and death certificate of P. Ratna Rao @ John. No evidence oral or documentary was adduced on behalf of the respondent/ opposite party.