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2016 DIGILAW 1135 (RAJ)

Harish v. Chandra Kumar

2016-08-05

ARUN BHANSALI

body2016
JUDGMENT : Arun Bhansali, J. This appeal is directed against the order dated 21.4.2010 passed by the District Judge, Jodhpur ('the Trial Court'), whereby the application filed by the appellant under Section 372 of the Indian Succession Act, 1925 ('the Act') has been partly accepted and instead of granting succession certificate to the appellant alone as prayed, the Trial Court has ordered grant of succession certificate to all eight legal representatives of Smt. Radha Bai regarding whose Public Provident Fund ('PPF') amount, the succession certificate was sought. 2. The appellant filed the application under Section 372 of the Act, inter alia, with the averments that his mother Smt. Radha Bai had an Account No. 10827657178 with the State Bank of India, Jodhpur pertaining to PPF, wherein as on the date of filing the application up to year 2009-2010 a sum of Rs.6,10,628.55/-p. was in balance. It was claimed that the deceased used to live with the appellant and his mother had nominated her husband (Appellant's father) Ladha Ram as nominee, however, his father also had expired on 25.2.2002 and as the mother was living with the appellant, the succession certificate be issued to him. 3. Notices were issued by the Trial Court to general public as well as seven brothers/ sisters of the appellant and children of the deceased Smt. Radha Bai; appearance was made by Counsel on their behalf, however, no reply was filed by them. 4. The appellant appeared as AW-1 and led his evidence. It was claimed in the evidence that the other legal representatives have no objection, if the succession certificate was issued to the appellant alone. 5. The Trial Court while deciding the application though took notice of the said aspect that no reply was filed by the respondents and that the appellant had claimed that they had no objection, found that there was no such indication in writing on record and based on that passed the order impugned, wherein the succession certificate was ordered to be granted to all the eight children of the deceased Smt. Radha Bai. 6. 6. In the present appeal, which has been filed by the appellant aggrieved against the impugned order, again notices were issued to the seven respondents i.e. brothers/sisters of the appellant and children of the deceased Smt. Radha Bai, who have put in appearance through Counsel and all the seven respondents have filed individual affidavits, inter alia, indicating that if the order impugned dated 21.4.2010 is set aside and the appeal of the appellant is allowed and succession certificate is issued in the name of appellant then they have no objection. 7. Learned Counsel present for the respondents No. 1 to 7 also reiterates the said submission. 8. In view of the above state of affairs, where the appellant had applied for grant of succession certificate to himself only, to which despite service, no objection was raised by his other brothers and sisters and in the present appeal the said aspect has been indicated by way of separate affidavits, the appellant is entitled to grant of succession certificate in his name alone. 9. While admitting the appeal, the objection raised by the office pertaining to the sufficiency of the Court-fee was directed to be decided at the time of final hearing. 10. In view of the fact that the appellant had paid a Court-fees of Rs.2/- at the time of filing the application and there is no contest to the said application, as per the provisions of Section 47 of the Rajasthan Court-Fees and Suits Valuation Act, 1961 ('the Court-Fees Act'), the same fees as payable in the Trial Court is applicable and, therefore, the fees paid by the appellant is sufficient, however, while granting the succession certificate, the appellant would be required to pay Court-fees in terms of Article 6 of the Court-Fees Act, which is 3% of the value of the estate. 11. In view of the above discussion, the appeal is allowed. The order dated 21.4.2010 passed by the Trial Court is modified to the extent that instead of issuing succession certificate in favour of the children of the deceased Smt. Radha Bai, the same be issued to appellant alone after payment of Court-fees as already directed by the Trial Court. The record be remitted back to the Trial Court immediately.