^- R^. HIGH COURT OF CHHATTISGARH: BILASPUR S.B. HON'BLB SHRI VIJAY KUMAR SHRIVASTAVA^J CIVIL RBVI8ION N0. 140/2004 PETITIONERS: \ I. c^ ^ Vs. RESPONDENT 1) R.S. Chaturvedi, s/o. late Yadhisthir Chatiuvedi, aged about 75 years, Retired Deputy CoUector, 2) Kamla Chaturvedi, w/o.R,S, Chaturvedi, aged about 72 years. 3) SunU Chaturvedi, s/o. R.S. Chaturvedi, aged about 39 yeai's. 4) Maya Chaturvedi, d/o, Shri R.S, Chaturvedi, aged aboiit 42 years, 5) Mrityunjay Chaturvedi, s/o. Shri R.S. Chaturvedi, aged about 45 years. aU r/o. 27 KhoU, Vikas Nagar, BUaspur, Snehlata Chatmvedi, d/o. Bhag^van Deen Sharma, aged about 43 years, occupation-Excise Inspector ia the Excise Departiaent. BUaspiir(CG). PRESENT: Shri Rajeev Shrivastava, Coiinsel for tlie petitioners. Shri Rajeev Bharat, Counsel for fhe respondent, O R D ER ( Passed ou 21/06/2005) This revision is directed agahist tfie order dated 03/08/ 2004 passed by the DJstrict Judge, Sarguja, Anibikapur iii Misc. CivUAppeal No.2/2004, i 2) Respondent/applicaD.t Smt. Snehlata Chatuwedi filed an appUcation under Section 372 ofthe ludian Succession Act, for graat of succession certificate ia respect of various amounts due for payment on tlie deafh of her husbaad - Anil Chatiirvedi. Petitioner R.S. Chaturvedi and objectors Srat. Kamla Chaturvedi, Mrilyunjay Chaturvedi aad SunU Chaturvedi denied fhe fact that Smt, Snehlata Chaturvedi is the wtfe of AnU Chatuivedi aad iastead pleaded fhat AnU Chaturvedi was ia Govermnent sen.7ice who duriiig his life trme made noniuiation and nominated his fafher - R,S, Chatiirvedi, mottier - Kamla Chatiirvedi, brothers - Sunil Chsttiirvedi aad Mntyunjay Chatiirvedi for receiviag fhe amount due on his death. 3) CivU Judge, Class-1, Sarguja, Aniblkapur, after evaluatiag fhe evidence on record vide order dated 20/02/2004 passed ia Succession Case No,04/2000, held tliat Smt. Snelilata Chatur^edi alone is the successor of deceased Anil Chaturvedi, The nommation made by AnU Chaturvedi m favour of his mother, father, brofher and sister cannot be treated as successors on his death as after marriage of Anil Chaturvedi only his wife and chUdren were members of his family, therefore, allowed the appUcation aad grao^ted succession certificate ia favour of Sint Snehlata Chaturvedi. Agauist fhat order appeal was preferred by the petitioners before tfae Court of District Judge, Sarguja, Vide impugned order dated 03/08/2004 passed m Misc. Civil Appeal No,2/2004 the appeUate Court dismissed the mtenm appUcation filed by fhe petitioners for^mendment, refused to accept flie L L contention raised by fhe petitioners regarduig non-verification of origmal application aad after due evaluation of whole evidence held that Smt. Snehlata Chatuivedi was legally wedded wtfe of deceased AnU ChatLirvedi aad accordiagly dismissed tlie appeal, 5) Leai-ned counsel for both the parties are heard aad record of Court below perused. 6) Learaed counsel appearing for fhe petitioners fraakly submitted that tiie petitioners are not assaLLmg tlie grozind that Snehlata Chatun/redi is not tiie legaUy wedded wtfe of deceased Anil Chaturvedi, Durhig arguments, petitioners' contention is that Snit. Kaoila Chatur^edi beiag tlie raofher of deceased AnU Chaturvedi, was also legal heir m accordance witli Section 8 and Schedule 1 of The Hiadu Succession Act, 1956, flierefore, her right to receive fhe amoiint coiild not have been ignored by fhe Courtbelow. On the other haad, learaed counsel appeariiig for the rcspoudent subinits that if Srat.Kamla Chatuwedi being mother of deceased Aiul Chaturvedi has any right to succeed tlie propert}r in. accordaiice wifh Section 8 aad Schedule 1 of the Hiadu Successioir Act, she caii get her right declared by fhe Civil Court aad accordingly receive her share. 7) It is not ia dispzite fhat Anil Chaturvedi, diiriiig his Ufe time in accordaace wifh service condition, had executed noraination for payraent of amount due on his deatli aad noiainated his laofher Sm.t, Kamla Chaturvedi, The Hindu Succession Act, 1956 is applicablejtojthe parties aad according to \^ L Section 8 of fhe Hiadu Succession Act, fhe property of AnU Chaturvedi shaU devolve upon the heir spect&ed in. Clause 1 of SchediUe - 1 where inother has been kept at par wifh widow, therefore, Biofher has also right to succeed flie property of her son on his death. 8) Leamed counsel appeariag for fhe petitioners fraakly subinits tiiat he is not assatUbag fhe ofher grounds raised ia niexno of appeal, 9) A noniination wifhout confeniug any legal right to mherit the property by succession only permits fhe person m whose favour nomiaation has been inade to receive fhe amount, Wtfe is also legal heir of tlie deceased ta accordance wifh. Section 8 ofSchedule 1 ofthe Hiadu succession Act, 1956, Section 373 of fhe Indiaa Succession Act, 1925, empowers tiie Court to detenxiifte the dispute suniniarily aad graat tiie certificate to the claunaat tf it appears to fhe Court that the claiaiaiit haviag prima facie the best title. Smt Kaiala Chaturvredi - mother of the deceased Anil Chatuivedi, has not filed aay appUcation ia accoriance wifh Section 372 of ttie Indian Succession Act to graat the succession certt&cate whereas respondent, flie wife of Anil Chatuwedi, only appUed for it, fherefore, succession certificate graated ia her favoiir by fhe Coiirt below does not call for aay uiterference. However, the mother bemg legal heir has a right to obtaia her share over the disputed propeity ia accordaace witli law. the aforesaid observations the revisionis 12 With disiidssed. Parties to bear their own costs Sd//- V.K.Shrivastava Judge Raju -^^•^