Karnataka High Court
Smt Indira Ananthanarayana vs Nil on 23 June, 2022
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD
MISCELLANEOUS FIRST APPEAL NO.2513/2021 (ISA)
BETWEEN:
SMT INDIRA ANANTHANARAYANA
W/O LATE N. ANANTHANARAYANA
AGED ABOUT 84 YEARS
R/A NO.48-B-2, 7TH B CROSS
KHB SFS, YELAHANKA NEW TOWN
BENGALURU-560064
REPRESENTED BY HER GPA HOLDER
SRI ANANTH S S/O LATE SANTHANAM
AGED ABOUT 43 YEARS
... APPELLANT
(BY SRI. RAAM PRASAD B S., ADVOCATE)
AND:
NIL
... RESPONDENT
THIS MFA FILED U/S 384 OF THE INDIAN
SUCCESSION ACT, AGAINST THE ORDER DATED.
07.12.2020, PASSED IN P & SC NO.178/2020, ON THE
FILE OF THE VII-ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE (CCH-19), BENGALURU, DISMISSING THE
PETITION U/SEC.372 OF THE INDIAN SUCCESSION ACT.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
The appellant has called in question the order dated 7.12.2020 in P & SC No.178/2020 on the file of the VII Additional City Civil and Sessions Judge, Bengaluru [for short, 'the probate Court']. The probate Court, by the impugned order, has rejected the appellant's petition under Section 372 of the Indian Succession Act, 1925.
2. The appellant has filed a petition in P & SC No.178/2020 for issuance of Succession Certificate to enable transfer of shares held by Sri N. Ananthanarayana, which are mentioned in the schedule to the petition and in the appeal memorandum. The appellant has asserted that on the demise of her husband, Sri N. Ananthanarayana, she, being his only legal heir, has requested M/s. Reliance Industries Limited for transfer of the shares in her favour, and she is informed that she must obtain the Succession -3- Certificate from the competent Court. Therefore, she has filed the petition for Succession Certificate.
3. The probate Court has rejected the appellant's request opining that none of the documents produced by the appellant establish her relationship with Sri N. Ananthanarayana. The probate Court has observed that the Death Certificate [Exhibit.P1] does not mention the name of the appellant, and that while some of the documents mention the deceased as Sri N. Ananthanarayana, the other documents mention him as Sri Narasimhachar Ananthanarayana. The probate Court has also observed that though the appellant's Aadhaar Card [Exhibit.P4] mentions the appellant's name as Smt. Indira Ananthanarayana, the initials of the deceased are not mentioned.
4. The appellant has filed application [I.A. No.1/2021] under Order XLI Rule 27 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] for leave to -4- produce the communication addressed by the Government of India, Ministry of Railways regarding payment of Pension and Death-cum-Retirement Gratuity to Sri N. Ananthanarayana. In support of this application, the appellant has stated that during the proceedings before the probate Court, she could not have expected that her application would be rejected on the ground that there is discrepancy in the Death Certificate or because that the name of her husband is mentioned without mentioning his initials in some of the documents. The application must be allowed for complete decision in the appeal accepting the annexed documents as permissible under Order XLI Rule 27[1][b] of CPC, and the appeal decided considering the relevance and probative value of such documents.
5. The different documents marked in the probate proceedings demonstrate that, Sri. N. Ananthanarayana was in employment with the -5- Railways, and he died on 14.01.1995 at Chennai; on his demise, the appellant, asserting that she is his wife, has communicated with M/s. Reliance Industries Limited through M/s. Karvy Fintech Private Limited for transfer of the shares; she is informed that the shares held by Sri N. Ananthanarayana have been transferred to Investor Education and Protection Fund Authority [IEPF]; she must obtain Succession Certificate from the competent Court. The original share certificates have been marked as Exhibits.
6. The question for consideration is, "whether the probate Court could have, in the circumstances of the case, held that the appellant has failed to establish her relationship with Sri N. Ananthanarayana." This Court must, for the reasons offered hereafter, opine that the probate Court could not have held against the appellant, and the appellant is entitled for the Succession Certificate as prayed for.
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7. It is undisputed that Sri N. Ananthanarayana was an employee of the Railways. As required, he has furnished the details nominating his legal heir for family pension as mentioned in the Computation of Pension and Death-cum-Retirement Gratuity dated 10.03.1992, [a document filed along with the additional documents in I.A. No.1/2021]. This Court is of the considered opinion that this document would be beyond dispute. This document establishes that Sri N. Ananthanarayana has nominated the appellant for family pension, and she is allowed family pension at the rate of Rs.2,280/- plus DR [Dearness Relief] per month upto 31.03.1999 and from 01.04.1999 at the rate of Rs.1,140/- plus DR per month.
8. This document would be conclusive about the appellant's relationship with the deceased, Sri. N. Ananthanarayana. Even if the Death Certificate does not mention the name of the appellant or some of the -7- records mention the name of the parties a little differently, these discrepancies cannot undermine the significance of this document. In the indisputable facts and the circumstances discussed, this Court must opine that the appellant has established her relationship with Sri. N. Ananthanarayana, and she must necessarily succeed with appropriate directions being issued for issuance of Succession Certificate in favour of the appellant for the shares mentioned in the schedule appended to her petition. Hence the following:
ORDER The appeal is allowed, and the probate Court's impugned order dated 07.12.2020 in P & SC No.178/2020 is set aside allowing this petition and directing the probate Court to issue Succession Certificate in favour of the appellant for the shares mentioned subject to payment of necessary Court fee and other compliances.
SD/-
JUDGE AN/-