C.R.No.5741 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.5741 of 2008 Date of decision:29.03.2011 Harjinder Singh ..... Petitioner Versus Jasbir Singh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Sherry K.Singla, Advocate for the petitioner. Mr.Hitesh Kaplish, Advocate for the respondent no.1. ***** RAJIVE BHALLA, J.(ORAL) Gurbax Singh was survived by four natural heirs namely his widow Harbant Kaur, the petitioner, respondent no.1 and a daughter Kulwant Kaur. The petitioner filed a petition for issuance of a succession certificate praying that Rs.2,81,706/- lying deposited with the Punjab National Bank, G.T.Road, Phagwara and the State Bank of India, Phagwara, should be released to him on the basis of a will executed by Gurbax Singh. The petitioner's brother, respondent no.1, opposed the issuance of a succession certificate whereas Harbant Kaur and Kulwant Kaur made statements accepting the correctness of the Will. The trial court accepted the application for grant of a succession certificate in favour of the petitioner. The appellate court reversed this order and directed parties to seek adjudication of the legality of the Will, before a civil court. Counsel for the petitioner contends that as the Will stands C.R.No.5741 of 2008 -2- proved, the appellate court had no jurisdiction to reverse the order passed by the trial court. Counsel for respondent no.1 submits that a succession certificate can only be issued if there is no Will and as respondent no.1 has already filed a suit, the revision should be dismissed. It is further submitted that even otherwise, a succession certificate can only be issued in the absence of a Will. I have heard counsel for the parties and perused the impugned order. Admittedly, respondent no.1 has filed a civil suit challenging the legality of the Will executed by Gurbax Singh. Proceedings for grant of a succession certificate are summary in nature. Any opinion recorded as to the validity of a Will, in proceedings for grant of a succession certificate does not bind a civil court. I therefore, find no reason to interfere with the order passed by the appellate court. As respondent no.1 claims 1/3rd share in the disputed legacy, it would be appropriate while disposing of the petition to direct that 1/3rd of the amount of Rs.2,81,706/- lying deposited with the Punjab National Bank, G.T.Road, Phagwara and the State Bank of India, Phagwara, shall be retained, by these banks in a fixed deposit whereas the balance amount shall be released to the petitioner and Kulwant Kaur w/o Tirath Singh in equal shares. The amount retained in the fixed deposit shall be released in accordance with the decision of the civil court. The needful be done within one month of the receipt of a certified copy of this order. C.R.No.5741 of 2008 -3- The revision is disposed of with the above-mentioned directions. 29.03.2011 [ RAJIVE BHALLA ] shamsher JUDGE