Bangalore District Court
Smt.Lakkamma H.R vs Nil on 27 November, 2021
1 P&SC.No.93/2020
IN THE COURT OF THE XXV ADDL. CITY CIVIL &
SESSIONS JUDGE
AT BANGALORE CITY - CCH NO.23.
DATED THIS THE 27 th DAY OF NOVEMBER, 2021.
PRESIDING OFFICER
PRESENT : Sri.Mohan Prabhu,
M.A., L.LM.,
XXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE.
P&SC.No.93/2020
PLAINTIFF/S: 1. Smt.Lakkamma H.R.,
W/o Late Veerabhadraiah.N,
Aged about 51 years,
R/at No.63, Gopi School Road,
4 th main road,
Kamakshipalya,
Basaveshwara Nagar,
Bengaluru - 560 079.
2. Sri.Charan Kumar V,
S/o Late Veerabhadraiah.N,
Aged about 24 years,
R/at No.63, Gopi School Road,
4 th main road,
Kamakshipalya,
Basaveshwara Nagar,
Bengaluru - 560 079.
3. Ms.Hemashree.V
2 P&SC.No.93/2020
D/o Late Veerabhadraiah.N,
R/at No.63, Gopi School Road,
4 th main road,
Kamakshipalya,
Basaveshwara Nagar,
Bengaluru - 560 079.
(By Sri., Advocate)
Vs.
DEFENDANT/S: Nil
(By Sri. Advocate)
* * * * *
JUDGMENT
1. The petitioners have filed this petition under section 372 of Indian Succession Act praying to issue Succession Certificate in their favour in respect of petition schedule amount standing in the Bank of India.
2. The petition averments briefly stated as follows: 3 P&SC.No.93/2020
Late Veerabhadraiah.N. has got married with one Sharadamma.N. The said Sharadamma.N. has died on 4.10.2009 without any issues from the wedlock with late Veerabhadraiah.N. Thereafter the said late Veerabhadraiah.N. has got once again married with Lakkamma, i.e., 1 st petitioner herein on 25.6.1992. In the said wedlock of Veerabhadraiah.N. with the 1 st petitioner, the 1 st petitioner had two children one son Charan Kumar and one daughter Hemashree, i.e., petitioner No. 2 and 3. The said Veerabhadraiah.N. has died on 5.8.2014 leaving behind the petitioner No. 1 to 3. The petitioners are the class I legal heirs of late Veerabhadraiah.N. Late Veerabhadraiah.N. was working in Vidhana Soudha as lift attender and he retired from the job during 2013 after completing 35 years in service.
Veerabhadraiah.N. had also made certain sum saving 4 P&SC.No.93/2020 amount in the Bank of India which is detailed in schedule 'A'. The petitioner undertook to file the exact amount receivable from the respective authorities as on the date of grant of certificate. The schedule 'A' property absolutely belongs to late Veerabhadraiah.N. Upon his death the petitioners have inherited the schedule 'A' property as class I legal heirs. Hence on these grounds the petitioners prays to allow this petition.
3. After filing this petition the notice was issued by way of paper publication in Samyuktha Karnataka news paper dated 9.3.2021 but no respondents appeared before the court.
4. The petitioner No. 1 examined herself as PW1 and the documents Ex.P1 to Ex.P15 are marked. 5 P&SC.No.93/2020
5. I have heard the arguments on the side of the learned counsel for the petitioners and perused the records .
6. The following points would arise for my consideration:
(1) Whether the petitioners are entitled for the relief as sought for ?
(2) What order ?
8. My findings to the above points are as under:
Point No.1 : In the Affirmative
Point No.2 : As per the final order
for the following:
REASONS
9. Point No. 1: PW1 in her examination-in-chief
affidavit has reiterated the petition averments and
deposed that her husband Veerabhadraiah.N. got
6 P&SC.No.93/2020
married to one Sharadamma.N. The said
Sharadamma.N. has died on 4.10.2009 without any issues. Thereafter the said Veerabhadraiah.N. once again married to her, i.e., 1 st petitioner on 25.6.1992. In the said wedlock of Veerabhadraiah.N. she had two children, i.e., petitioner No. 2 and 3. PW1 has deposed that her husband Veerabhadraiah.N. has died on 5.8.2014 leaving behind the petitioners as his legal heirs. In order to substantiate her contention that Sharadamma.N. died on 4.10.2009 she has produced the document Ex.P2 death certificate. In order to show that her husband Veerabhadraiah.N. died on 5.8.2014 she has produced the document Ex.P3 death certificate. In order to show the relationship of the petitioners with the deceased Veerabhadraiah.N. and Lakamma the 7 P&SC.No.93/2020 petitioners have produced the document Ex.P1 genealogical tree, affidavit.
6. PW1 has deposed that late Veerabhadraiah.N. was working in Vidhana Soudha as lift attender and he retired from the job during 2009 after completing 35 years in service. In order to show the same the petitioners have produced the document Ex.P11 notarised true copy of identity card of Veerabhadraiah.N. and also produced Ex.P12 notarised attested true copy of identity card issued by Karnataka Vidhana Mandal. The petitioners have also produced the document Ex.P5 notarised true copy of election identity card of Veerabhadraiah.N. Ex.P6 notarised attested true copy of election identity card of petitioner No. 3, Ex.P7 notarised attested true copy of Aadhar card of petitioner No. 2, Ex.P8 8 P&SC.No.93/2020 notarised attested true copy of Aadhar card of PW1, Ex.P9 notarised attested true copy of Aadhar card of petitioner No. 3, Ex.P13 notarised attested true copy of election identity card of petitioner No. 2, Ex.P14 notarised attested true copy of PAN card of petitioner No. 3, Ex.P15 notarised attested true copy of PAN card of PW1 and produced Ex.P10 notarised attested true copy of the ration card of the family of PW1. All these documents are sufficient to hold that PW1 is the wife of Veerabhadraiah.N. and petitioner No. 2 and 3 are the children of Veerabhadraiah.N. and PW1 / petitioner No. 1.
7. PW1 has deposed that schedule 'A' property is absolutely belongs to late Veerabhadraiah.N. and upon his death the petitioners being the class I legal heirs succeeded to the property. In order to 9 P&SC.No.93/2020 substantiate this contention taken by the petitioner and to show that late Veerabhadraiah.N. had saving bank account the petitioners have produced the document Ex.P4 bank passbook of late Veerabhadraiah.N. standing in the Bank of India, Basaveshwara Nagar branch, Bangalore.
8. The oral evidence of PW1 is corroborating with the document Ex.P1 to Ex.P15. The oral evidence of PW1 which is supported by the document Ex.P1 to Ex.P15 are sufficient to hold that the petitioner No. 1 is the wife and petitioner No. 2 and 3 are the children of late Veerabhadraiah.N. who left behind the petitioners. The petition schedule 'A' property, i.e., P.F. of saving account in the Bank of India for Rs.9,07,238/- belongs to Veerabhadraiah.N.. The petitioners being the class I legal heirs of 10 P&SC.No.93/2020 deceased Veerabhadraiah.N. are entitled for Succession Certificate in respect of petition schedule 'A' property as prayed in this petition. Hence I answer point No. 1 in the Affirmative.
14. Point No. 2: In view of my findings to the above point, I proceed to pass the following:
ORDER The petition filed by the petitioners under section 372 of the Indian Succession Act is hereby allowed.
Issue Succession certificate in respect of the petition schedule 'A' property in favour of the 11 P&SC.No.93/2020 petitioners after collecting the required stamp duty.
(Dictated to the Judgment Writer, transcribed, computerized and printout taken by her, revised and then pronounced by me in the open court on this the 27th day of November 2021.) (Mohan Prabhu) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
ANNEXURE Witnesses examined for the plaintiff/s :
PW1 - Lakkamma.H.R. Witness examined for the defendant/s Nil Documents marked for the plaintiff/s :
Ex.P1 - Genealogical tree
Ex.P2 - Death certificate
Ex.P3 - Death certificate
Ex.P4 - Bank passbook
Ex.P5 - Notarised copy of election ID card
12 P&SC.No.93/2020
Ex.P6 - Notarised copy of election ID card
Ex.P7 - Notarised copy of Aadhar card
Ex.P8 - Notarised copy of Aadhar card
Ex.P9 - Notarised copy of Aadhar card
Ex.P10 - Notarised copy of Ration card
Ex.P11 - Notarised copy of ID card of
Karnataka State Retired Employees Organisation Ex.P12 - Notarised copy of ID card of Karnataka Vidhana Mandala Ex.P13 - Notarised copy of election ID card Ex.P14 - PAN card Ex.P15 - PAN card Documents marked for the defendant/s :
Nil (Mohan Prabhu) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
13 P&SC.No.93/2020
Judgment pronounced in the open
court (vide separate detailed
Judgment)
ORDER
The petition filed by the
petitioners under section 372 of
the Indian Succession Act is hereby allowed.
Issue Succession certificate in the name of petitioners in respect of the petition schedule 'A' property in favour of the petitioners after collecting the required stamp duty.
XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.14 P&SC.No.93/2020