- (1.) The petitioners have challenged orders dated 20.11.1997 passed by the Civil Judge (Junior Division), Ludhiana and dated 04.11.1999 by the District Judge, Ludhiana dismissing their application filed under Section 372 of the Indian Succession Act, 1925 (here-in-after referred to as the "Act") for obtaining the succession certificate regarding Rs. 1 lac, the estate left behind by Phuman Singh.
(2.) Petitioner no.1 is the widow and petitioner no.2 is the daughter of late Phuman Singh. After the death of Phuman Singh on 06.05.1987, the petitioners, being legal heirs of Phuman Singh, applied for release of compensation of Rs. 1 lac in the execution application titled as "Phuman Singh v. L.A.C.", which was dismissed by the Executing Court on 10.05.1987 on the ground that they should obtain the succession certificate before claiming the amount.
(3.) In view thereof, the petitioner filed the petition under Section 372 of the Act for issuance of succession certificate, which was contested by respondent no.2 on the basis of a registered Will dated 28.01.1972 executed in his favour by Phuman Singh. He had alleged that he is the son of real brother of Phuman Singh and had been serving him as the relations of Phuman Singh with his wife were strained, who was living with her parents for the last 20 years and had never resided with Phuman Singh. She had also filed an application for maintenance and did not attend the rituals performed at the time of death of Phuman Singh. It is also alleged that Phuman Singh had opened a joint bank account as he had been serving him and performed his last rites.;