Whether order passed in proceeding for succession certificate can bar civil suit?

Family - Grant of succession certificate - Application filed under Section 372 of the Indian Succession Act, 1925 - Held, Appellant had neither pleaded nor proved that she had married according to Hindu customs and rites and finding of Succession Court that objector/Appellant did not prove her marriage therefore, appears to be justified -If observed that impugned order granting succession certificate in favour of Respondents did not decided matter of title of Appellant on merits and therefore should not operate as res-judicata in a suit that might be filed by Appellant to establish her title to estate - Therefore no merit in appeal - Appeal dismissed.

Madhya Pradesh High Court

Jeera Bai vs Swatantra Kumar And Ors. on 22 March, 2000

Equivalent citations: II (2000) DMC 459

Bench: V Agarwal

1. Respondent No. 1 Swatantra Kumar filed an application under Section 372 of the Indian Succession Act, for grant of succession certificate in His favour regarding the saving bank account of deceased Rameshwar Prasad, who undisputably died on 14.8.1989. The respondent No. 1 petitioner filed the application as above with the averment that he is the son of the deceased Rameshwar Prasad. The application was opposed by the appellant Smt. Jeera Bai, who claimed to be the wife of Rameshwar Prasad.

2. The learned Succession Court found that the appellant/objector could not prove that she was the married wife of deceased Rameshwar Prasad. Accordingly her objection was rejected.

3. Learned Counsel for appellant submits that the claimant had stated that she had married the deceased. However the statement of the claimant/appellant Smt. Jeera Bai indicates that she claims that she was married to Rameshwar Prasad by exchange of garlands in the temple. She has stated that nobody else, except the deity or God knows about the marriage.

4. Obviously, therefore, the appellant has neither pleaded nor proved that she had married according to the Hindu customs and rites. The finding of Succession Court that the objector/appellant did not prove her marriage with Rameshwar Prasad, therefore, appears to be justified. The appeal has, therefore no merit.

5. It may however be further observed that the impugned order granting succession certificate in favour of respondents does not decide the matter of title of the appellant on merits and, therefore, shall not operate as res-judicata in a suit that might be filed by the appellant to establish her title to the estate of Rameshwar Prasad.

6. In view of above, the appeal is dismissed. The appellant however if so advised and if permitted by law, may file a suit to vindicate her rights and to establish her title. The costs of this appeal shall be borne by the parties, as incurred.

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