The Rajasthan High Court dismissed an appeal against the rejection of a succession certificate application under Section 372 of the Indian Succession Act. The lower court had rejected the claim due to lack of proof regarding the adoption and the existence of a will. The High Court upheld the findings, noting the failure to prove the relationship.
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[2024:RJ-JD:4146]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 2915/2019
Unkar S/o Bhera, Aged About 72 Years, Adopted S/o Motiya Chamar, R/o Village Pandawa, Tehsil Peepalkhunt, District Pratapgarh (Rajasthan)
----Appellant
Versus
Anybody, Anybody
----Respondent
For Appellant(s) : Mr. Bharat Singh Rathore
HON'BLE MS. JUSTICE REKHA BORANA Order
25/01/2024
First , the applicant did not aver as to what was his relation with deceased-Heerki qua whose property/land, he was praying for a succession certificate.
Second , the applicant did not mention whether Leelki, the deceased daughter of Heerki, was unmarried/married and whether there was any surviving legal heirs of Leelki.
(2 of 2)
[2024:RJ-JD:4146]
[CMA-2915/2019]
Third , the documents as placed on record by the applicant, the aadhar card (Exh.2) and a document issued by the Gram Panchayat (Exh.3), reflected the father’s name of the applicant to be Bhera. Had the applicant been adopted by Heerki, his father’s name would have been reflected to be Motiya and not Bhera. Meaning thereby, the factum of adoption of the applicant by Heerki was doubtful.
Fourth , the witnesses of the alleged will dated 04.05.2000 (Exh.1), on basis of which the applicant sought a succession certificate in his favour, were also not produced in the witness box.
Hence, as it was not proved on record that the applicant was the adopted son of Heerki and she had executed any will in his favour, no order in terms of Section 372 of the Act of 1925 could be passed in his favour.
The present appeal is hence, dismissed .
(REKHA BORANA),J
35-T.Singh/-
1 issue framed by the court
Whether the appellant was the adopted son of the deceased Heerki
1 provisions across 1 enactments
Unkar S/o Bhera
Anybody
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
