DEVENDRA S/O BHALCHANDRA SAPKAL Vs. LATA W/O BHALCHANDRA SAPKAL
LAWS(BOM)-2017-7-142
HIGH COURT OF BOMBAY (AT: STATE)
Decided on July 10,2017

Devendra S/O Bhalchandra Sapkal Appellant
VERSUS
Lata W/O Bhalchandra Sapkal Respondents

JUDGEMENT

Shalini Phansalkarjoshi, J. - (1.) By this revision the legality, validity and propriety of the order passed by the District Judge 1, Akola in Regular Civil Appeal No.35/2011 on 03.02.2014 is challenged. By the impugned the learned First Appellate Court has set aside the order passed by Civil Judge, Senior Division, Akola in M.J.C. No.335/2009 on 17.08.2011 rejecting the application for grant of succession certificate in favour of respondent herein and directed to issue succession certificate in the name of present applicants and also in the name of respondent Lata Sapkal.
(2.) Brief facts of the revision can be stated as follows: Respondent herein has filed an application under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate in respect of the service benefits and dues of her deceased husband Bhalchandra. According to her, she was married with Bhalchandra on 31.03.2007 and the said marriage was also registered. Deceased Bhalchandra was serving in the Police Department as Assistant Sub-Inspector at the time of his death on 08.07.2009 at Akola. He has left behind the respondent and also the present appellant Nos.1 and 2 who are his sons and applicant No.3, the married daughter from his first wife Kalpana. It was her case that as Police Department was not ready to give her share in the service benefits of deceased Bhalchandra, she was constrained to ask for the succession certificate.
(3.) The applicants resisted her application contending inter alia that respondent is not in any way entitled for the succession certificate as she is not legally wedded wife of their father. It was submitted that their father Bhalchandra has performed the marriage with their mother Kalpana in the year 1980, whereas the respondent had married with one Narayan Trambak Sabale. She had two sons from Narayan Sabale, born on 12.05.1990 and 02.11.1992 respectively. After the death of her husband Narayan Sable on 102006, all his movable and immovable property devolved upon the respondent. Till today in the record respondent's name is continued as the wife of Narayan Sable and in such situation, it was contended, she cannot be entitled to get succession certificate in respect of the service dues of their father. Hence, they are alone entitled to get succession certificate.;


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