IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.977 of 2007 NEHA KUMARI Versus POONAM KUMARI & ORS ----------- 2 15.9.2008 Heard Counsel for the parties. In the opinion of this Court, the Court below has misdirected itself and has in fact created an unnecessary controversy by passing the impugned order. There is no doubt that Mahesh Prasad Jaiswal, in whose favour the order dated 19.1.2005 was passed for issuance of succession certificate, had died on 21.1.2005 i.e. two days after the order. It is not again in doubt that such succession certificate was issued in favour of Sri Mahesh Prasad Jaiswal in respect of certain property of his wife Smt. Usha Devi @ Usha Jayswal who is non-else but the mother of the petitioner and of the opposite parties. In that view of the matter, when she alone is the major daughter, the Court below ought to have allowed not only her transposition but also could have seen to it that if there was no valid objection, she was also issued the succession certificate allowing the custody of the amount which was earlier sought to be given to her father. Of course, the Court below could have obtained an undertaking from the petitioner that 2 the amount so being withdrawn will be distributed equally among all the heirs of Mahesh Prasad Jaiswal @ Maheshwar Prasad Chaudhary. In that view of the matter, this Court would set aside the impugned order and remit the matter back to the Court below for passing an appropriate order in accordance with law. Rsh (Mihir Kumar Jha, J.)