Allowed

Mrs. Sangita Patidar and Ors. v. Union of India and Ors.

Rajasthan HC11 Oct 2018CW/5681/2018

Case brief

AI extract

What is this about?

Petitioners, legal heirs of deceased Bhupendra Patidar who died at Kuwait, sought disbursement of compensation withheld due to lack of succession certificate. The court noted they were the only known first-class heirs and accepted their affidavit details regarding bifurcation and securing of amounts.

What did the court decide?

Compensation of INR 81,35,545/- to be disbursed as per the charted bifurcation; shares of minor heirs to be kept in fixed deposit.

Mrs. Sangita Patidar and Ors. Vs Union of India… — Succession and Inheritance | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ No. 5681/2018

¶3

Mrs. Sangita Patidar W/o Late Shri Bhupendra Patidar, B/c Patidar, R/o Village Jolana, Post Jolana, Tehsil- Garhi, District- Banswara Rajasthan.

¶4

Mr. Dharmik Patidar S/o Late Shri Bhupendra Patidar, B/c Patidar, R/o Village Jolana, Post Jolana, Tehsil- Garhi, District- Banswara Rajasthan.

¶5

Miss Tanushree Patidar D/o Late Shri Bhupendra Patidar, Through Her Mother And Next Friend Mrs. Sangita Patidar, B/c Patidar, Aged About 17 Years, R/o Village Jolana, Post Jolana, Tehsil- Garhi, District- Banswara Rajasthan.

¶6

Miss Koyal Patidar D/o Late Shri Bhupendra Patidar, Though Her Mother And Next Friend Mrs. Sangita Patidar, B/c Patidar, Aged About 16 Years, R/o Village Jolana, Post Jolana, Tehsil- Garhi, District- Banswara Rajasthan.

¶7

Mrs. Gamiri W/o Dayalal Patidar, B/c Patidar, R/o Village Jolana, Post Jolana, Tehsil- Garhi, District- Banswara Rajasthan.

¶8

----Petitioners

¶9

Versus

¶10

Union Of India Through Secretary, Ministry Of External Affairs, Government Of India, Embassy Of India, Kuwait.

¶11

The Learned District Collector, District- Banswara Rajasthan.

¶12

The Tehsildar, Tehsil- Garhi, District Banswara Rajasthan. 4. The Sub-Divisional Officer, Tehsil-Garhi, DistrictBanswara Rajasthan.

¶13

----Respondents

¶14

For Petitioner(s) : Mr. Himanshu Choudhary. For Respondent(s) : Mr. O.P. Boob, GC.

¶15

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

11/10/2018

(2 of 3)

[CW-5681/2018]

The petitioners have approached this Court by way of this writ petition laying claim for disbursal of the compensation received from the employer at Kuwait of late Shri Bhupendra son of Dayalal Patidar of whom the petitioners are legal representatives, in the account of the District Collector, Banswara pursuant to death of. The compensation amount was not being disbursed on account of non-submission of the succession certificate.

¶21

On the previous date of hearing, Shri O.P. Boob, GC fairly submitted that as the petitioners are the only known first class legal heirs of deceased Bhupendra patidar, only they are entitled to lay claim on the compensation received by the Government pursuant to death of Shri Bhupendra.

¶22

Learned counsel Shri Choudhary has filed the requisite additional affidavit of the petitioners Smt. Sangeeta and Smt. Gamiri in terms of the order dated 03.10.2018 wherein, the mutual bifurcation of the compensation amount has been charted out.

¶23

In view of the facts noted herein above, the writ petition deserves to be accepted. The amount of compensation shall be disbursed to the petitioners in terms of the bifurcation noted herein below and as stated in the additional affidavit.

¶24

Sr. No.	Petitioners	Amount(INR)
1.	Mrs. Sangita Patidar	36,35,545/-
2.	Mr. Dharmik Patidar	15,00,000/-
3.	Miss Tanushree Patidar	10,00,000/-
4.	Miss Koyal Patidar	10,00,000/-
5.	Mrs. Gamiri	10,00,000/-
	Total	81,35,545/-

¶25

(3 of 3)

¶26

[CW-5681/2018]

¶27

While the entire compensation being granted to Dharmik Patidar, Tanushree Patidar and Koyal Patidar shall be kept in Fixed Deposit for a period of 5 years and 60% of the amount of compensation being granted to Smt. Sangita Patidar and Smt. Gamiri shall be deposited in fixed deposits receipt of a nationalised bank drawing the best interest. The petitioners shall be at liberty to file an application for releasing the amount from fixed deposit receipt to the District Collector, Banswara in case of emergent need.

¶28

The writ petition is allowed in these terms.

¶29

(SANDEEP MEHTA),J

¶30

Tikam/18

Mrs. Sangita Patidar and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Mrs. Sangita Patidar and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Purushottam Lal Paliwal Vs Rsrtc and Anr.

Sharda Kaswa Vs State and Ors.

Kamlesh Poonia Vs State of Rajasthan and Ors.

Indra Godara Vs State of Rajasthan

Govind Singh Charan Vs State of Rajasthan

Kunwar Bahadur Singh Vs State and Ors.