BAYA BAI W/O RAMCHANDRA JI Vs. SHYAM LAL S/O SHRI PARAS MAL
LAWS(RAJ)-2016-10-103
HIGH COURT OF RAJASTHAN
Decided on October 17,2016

Baya Bai W/O Ramchandra Ji Appellant
VERSUS
Shyam Lal S/O Shri Paras Mal Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal under Section 384 of the Indian Succession Act, 1925 ('the Act') is directed against the order dated 25.7.2012 passed by the Additional District Judge, Sojat, District Pali, whereby application filed by Baya Bai and others, under Section 372 of the Act has been rejected. However, the objections filed by Narayan Dutt have been accepted and he has been declared heir of late Mathura Bai and further succession certificate has been ordered to be issued in his name.
(2.) The litigation has got a checkered history, the dispute pertains to succession to one Mathura Bai. The application under Section 372 of the Act was filed by Baya Bai, Makniya Bai and Gulab Chand before the District Judge, Pali on 11.10.1982 seeking succession certificate with respect to the amount lying with the State Bank of Bikaner and Jaipur, Sojat City branch in fixed deposits and in saving bank account.
(3.) Another application under Section 372 of the Act was filed by respondent No. 2 - Narayan Dutt claiming himself to be a adopted son of Late Smt. Mathura Bai, for issuance of succession certificate on 10.7.1984 before the District Judge, Pali. Both the applications were consolidated and it was directed that respondent No. 2 - Narayan Dutt shall be addressed as objector No. 2.;


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