URMILA DEVI Vs. MADHULIKA DEVI

JUDGEMENT

(1.) THE appellant has filed this First Appeal against the Judgment and Order dated 18.07.2008 passed by the learned District Judge, Rohtas at Sasaram in Civil Misc. (Succession) Case No.50 of 2008 whereby the application filed by the appellant for grant of succession certificate has been dismissed.

(2.) THE appellant filed the application for grant of succession certificate regarding the fixed deposit dated 20.09.1997 in Punjab National Bank, Dehri-on-sone Branch made by her mother, Budhiya Devi. She filed the said application praying for grant of succession certificate alleging that her mother Budhiya Devi died on 10.12.2004 leaving behind the petitioner- appellant, Urmila Devi as the only heir. Deceased, Budhiya Devi had no sons and no other descendents except the petitioner-appellant. THErefore, the appellant only isentitled to receive the full amount of 40,000/- deposited in fixed deposit scheme in the Punjab National Bank, Dehri-on- sone Branch deposited by Budhiya Devi on 20.09.1997. THE respondent is the daughter of appellant.

(3.) IN the result, this First Appeal is allowed and the impugned Order is set aside. The appellant's application for grant of succession certificate is allowed. Let a certificate be issued to the appellant.