Gujarat High Court
Shardaben Wd/O Rameshbhai ... vs Chanchiben Gopalbhai Jagtiya ... on 27 September, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
C/FA/1934/2006 JUDGMENT DATED: 27/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1934 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE J. C. DOSHI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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SHARDABEN WD/O RAMESHBHAI JAGTIYA & 1 other(s)
Versus
CHANCHIBEN GOPALBHAI JAGTIYA (DECEASED THRU' LEGAL HEIRS) &
2 other(s)
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Appearance:
MR VAIBHAV SHETH for the Appellant(s) No. 1,2
for the Respondent(s) No. 3
DECEASED LITIGANT for the Respondent(s) No. 1
MR ANAND B GOGIA(5849) for the Respondent(s) No. 2
MR DA SANKHESARA(5955) for the Respondent(s) No. 1.1,1.2.1,1.2.2
MS MUSKAN A GOGIA(6624) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 27/09/2023
ORAL JUDGMENT
1. By way of this first appeal, the judgment and order dated
21.10.2005 passed in CMA No.152 of 2005 is under challenge.
NEUTRAL CITATION
C/FA/1934/2006 JUDGMENT DATED: 27/09/2023
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2. Briefly stated facts of the case are that deceased
Rameshbhai Jagtiya was serving as a Clerk in the respondent -
State Bank of India, Main Branch, Lal Darwaja, Ahmedabad. He
expired on 26.9.2004 leaving behind present appellants i.e.
Shardaben Jagatia and Nitinbhai Jagtiya as his widow and son
respectively. He died intestate without executing any will. The
appellants being legal heirs and successors of deceased
Rameshbhai, moved an application u/s 370 of the Indian
Succession Act for getting succession certificate of all the
immovable properties and retirement dues, amount of gratuity
as well as amount of group insurance and in addition to some
FDR and NSC, family pension awardable to the successor of the
deceased.
3. The need of filing application for succession certificate
arose as the respondent - State Bank of India denied to settle the
amount and dues of the deceased Rameshbhai Gopalbhai.
According to the appellant No.1 herein, she was divorcee of
deceased Rameshbhai and the appellant No.2 herein Nitinbhai
was their son. The divorce was cancelled subsequently and both
of them reunited in their married life. In nutshell, the appellants
claimed succession certificate with regard to the outstanding
dues of deceased Rameshbhai lying with the respondent - State
Bank of India.
4. The proceeding for succession certificate before the Court
below was objected by the respondent Chanchiben inter alia on
the ground that she is stepmother of deceased Rameshbhai and
NEUTRAL CITATION
C/FA/1934/2006 JUDGMENT DATED: 27/09/2023
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she is also entitled and having share in the immovable property
of the deceased. The City Civil Judge, Court No. 16, Ahmedabad
partly allowed the CMA and passed following order.
"The C.M.A. No. 152/05 is partly allowed holding the
petitioner No 2 Mitinbhai Rameshbhai Jagatia as heir
of his deceased father Rameshbhai Gopalbhai Jagatia
with a direction certificate to the Registry to issue
succession in his favour relating to receivable receipts
accrued from the service of the deceased in opponent
and 3 bank in whatever form along with family pension
etc. if admissible under law.
The claim of petitioner No.1 and opponent ordered to
be dismissed being not proved."
5. In view of above order, the City Civil Court has ordered to
grant the succession certificate in favour of appellant Nitinbhai
Rameshbhai. The other side i.e. respondent Chandhiben has not
challenged the impugned order. The present appellants have
challenged this order by way of filing present first appeal.
6. Heard learned advocate Mr VN Sheth for the appellants,
learned advocate Mr. Anand Gogia for the respondent - State
Bank of India and learned advocate Mr. Dipen Sankhesara
appearing for respondent Nos.1.1, 1.2.1 and 1.2.2.
7. Initially, the respondent No.1 was not appeared and
contested the appeal, though served. What further appears that
Nitinbhai Rameshbhai Jagtiya expired on 30.8.2022 issue-less.
It also appears that respondent Chanchiben also expired and
therefore Civil Application No.1 of 2023 was moved to bring on
record legal heirs of respondent Chanchiben. The civil
application was allowed and legal heirs of respondent
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C/FA/1934/2006 JUDGMENT DATED: 27/09/2023
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Chanchiben, namely Sureshkumar Gopalbhai Jagatia, deceased
Hasmukhbhai Gopalbhai Jagatia through legal heirs Purviben
Hasmukhbhai and Poonamben Hasmukhbhai are brought on
record. The said legal heirs are represented by learned advocate
Mr Dipen Sankhesara. Legal heirs of respondent Chanchiben as
well as family members of the appellants are present in the court
and their identity are verified by their respective learned
advocates. They ratified that appellant No.2 Nitinbhai died issue-
less. In view of this aspect, name of appellant No.2 Nitinbhai
Rameshbhai Jagtiya is deleted from the cause title and since he
is represented by her mother, Class 1 heir, is already on record
as appellant No.1, she is also treated as heir of deceased
appellant No.2 Nitinbhai.
8. The contesting party that is legal heirs of deceased
Chanchiben have filed affidavit on record stating that they have
no objection if the succession certificate is to be issued in favour
of Shardaben widow of Rameshbhai Jagtiya qua retirement dues
and outstanding amount remains with the respondent - State
Bank of India as on date. After verifying their signature as well
as consent of the contesting parties, said affidavits are taken on
record.
9. In view of solemn affirmation by the other side and
considering the fact that the impugned order was passed in
favour of Nitinbhai, now after his death, is surviving in favour of
appellant Shardaben, who is mother and Class 1 heir and
therefore, she is entitled to get the succession certificate.
Learned advocate Mr. Gogia appearing for the respondent - State
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Bank of India would submit that deceased Rameshbhai has
taken some loan and that outstanding loan amount has been
adjusted towards the retirement dues. He would further submit
that the respondent - State Bank of India has no objection to
handover the retirement dues and other amount lying with it, as
on date, after deducting the outstanding amount, if any.
10. For the foregoing reasons, I pass following order:-
ORDER
1. The first appeal is partly allowed and the order dated
21.10.2005 passed in CMA No.152 of 2005 is modified.
2. Appellant No.1 Shardaben Rameshbhai Jagtiya, as a legal
heir of deceased Rameshbhai Gopalbhai Jagtiya, is entitled
to the succession certificate of the retirement dues and
outstanding amount of deceased Rameshbhai Jagtiya lying
with the respondent - State Bank of India, as on date, as
per the Rules of the Bank.
3. The respondent - State Bank of India is directed to produce
statement of outstanding dues and other benefits as per
the Rules of the Bank receivable to appellant No.1 as on
date before the learned City Civil Court, Ahmedabad within
four weeks from today in CMA No.152 of 2005.
4. Upon tendering such statement, after obtaining necessary
stamp duty/court fee, the learned City Civil Court is
directed to issue succession certificate in name of appellant
No.1 Shardaben Jagtiya forthwith.
5. Learned Principal Judge, City Civil Court, Ahmedabad
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C/FA/1934/2006 JUDGMENT DATED: 27/09/2023
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shall ensure that in time bound manner, succession
certificate is issued in favour of the appellant No.1.
11. With these observations and directions, present first appeal
stands disposed of. Direct service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
