Sunita Vs Parmudi and Anr. — Succession and Inheritance | Rajasthan HC (2025)

Sunita Vs Parmudi and Anr. — Succession and Inheritance | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Appeal and pending applications disposed of; order dated 21.02.2006 modified so that the Succession Certificate qua Rs. 34,542/- (with any additional interest, if payable) deposited by the deceased in the Air Force Group Insurance Society is issued in favour of applicant No.2 Poonam only, on deposit of the requisite Court fee (if not paid), within four weeks of receipt of the order.

Issue for consideration

Whether, in view of the no-objection of appellant Sunita and respondent No.2 Rukma, the order dated 21.02.2006 should be modified so that the Succession Certificate qua Rs. 34,542/- deposited by the deceased in the Air Force Group Insurance Society is issued in favour of Poonam (applicant No.2) alone, without adjudicating the merits of the appeal.

Court's answer

In view of the no-objection of appellant Sunita and respondent No.2 Rukma to issuance of the Succession Certificate in favour of Poonam, the Court was not required to go into the merits of the appeal.

Ratio / Principle

The order dated 21.02.2006 was modified to the extent that the Succession Certificate qua Rs. 34,542/- (with any additional interest, if payable) deposited by deceased Ramlal in the Air Force Group Insurance Society would issue in favour of applicant No.2 Poonam only, on deposit of the requisite Court fee (if not paid), within four weeks of receipt of the order.

Detailed headnote1 paragraphs

Rajasthan High Court (Jodhpur), Single Bench (Ms. Justice Rekha Borana), S.B. Civil Misc. Appeal No. 1378/2009, decided 09.01.2025. The appeal challenged the order dated 21.02.2006 of the District Judge, Merta in Civil Misc. (Succession) Application No.102/2002, which had disposed of a joint application under Section 372, Indian Succession Act, 1956 filed by Sunita and her daughter Poonam by directing a Succession Certificate jointly in favour of Poonam, Parmudi (mother of the deceased) and Rukma (first wife of the deceased). On the stated no-objection of appellant Sunita and respondent No.2 Rukma, the Court declined to adjudicate the merits and modified the impugned order: the Succession Certificate qua Rs. 34,542/- (plus any additional interest, if payable) lying to the credit of deceased Ramlal in the Air Force Group Insurance Society was to issue in favour of Poonam alone, on deposit of the requisite Court fee, within four weeks. Counsel reported that respondent No.1 Parmudi had expired; Poonam (applicant No.2) was not impleaded in the appeal. Appeal and pending applications disposed of; appellant's entitlement qua other benefits of the deceased expressly left open.

[2025:RJ-JD:1413]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Appeal No. 1378/2009

Sunita W/o Late Sh. Ramlal, b/c Jat, aged about 31 years, R/o Sogawas, Tehsil – Merta, at present resident of Dhamniya, District – Nagaur.

----Appellant

Versus

Parmudi W/o Sh. Bhanwar Lal, resident of Sogawas, Tehsil – Merta, District Nagaur.

Rukma W/o Baga Ram Indiania, By caste Jat, age about 33 years, village Sarsanda, Tehsil Degana, District – Nagaur.

----Respondent

For Appellant(s)	: Mr. Manvendra Singh with
	Mr. DigvijaySingh Bhati
For Respondent(s)	: Mr. Tarun Dhaka (for Respondent No.2)

HON'BLE MS. JUSTICE REKHA BORANA Judgment

09/01/2025

The present appeal has been filed against the order dated 21.02.2006 passed by the District Judge, Merta in Civil Misc. (Succession) Application No.102/2002 whereby the application under Section 372 of the Indian Succession Act, 1956 as filed jointly on behalf of appellant Sunita and her daughter Poonam was disposed of with a direction for issuance of Succession Certificate jointly in favour of daughter Poonam, mother Parmudi – (respondent No.1), and Rukma, first wife of deceased (respondent No.2).

The present appeal has been filed by appellant Sunita only and applicant No.2 Poonam, the daughter, has not been impleaded in the present appeal.

Counsel appearing on behalf of respondent No.2 Rukma, first wife of the deceased, on instructions, submits that she has no

(2 of 2)

[2025:RJ-JD:1413]

[CMA-1378/2009]

objection if the complete amount of Rs.34,542/- deposited by the deceased in the Air Force Group Insurance Society is paid to Poonam, daughter of the deceased. He further submits that as per his instructions, respondent No.1-Parmudi, mother of the deceased has, as of date, expired.

Counsel for the appellant also, on instructions, submits that he has no objection if the complete amount deposited in Air Force Insurance Society is paid to her daughter Poonam. Counsel however, reserved his right to agitate the entitlement of the appellant qua other benefits of the deceased whenever & wherever required.

In view of the no objection on behalf of the appellant Sunita as well as respondent No.2 – Rukma regarding the issuance of the Succession Certificate in favour of Poonam, daughter of the deceased, this Court is not required to go into the merits of the present appeal.

The order dated 21.02.2006 is hence modified to the extent that Succession Certificate qua the amount of Rs. 34,542/- (with any additional interest, if payable) deposited by deceased Ramlal in Air Force Group Insurance Society be issued favour of applicant No.2 – Poonam only on deposit of the requisite Court fee (if not paid). The said certificate be issued within a period of four weeks from receipt of copy of this order.

The appeal stands disposed of .

Pending applications stand disposed of .

(REKHA BORANA),J

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