Karnataka High Court
Mrs Padmalalitha C vs Nil on 7 January, 2022
Bench: Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI
MFA NO.824 OF 2020 (ISA)
BETWEEN:
1. Mrs. Padmalalitha C,
W/o Late Venkateshan N,
aged about 57 years,
2. Ms. Priya Venkateshan,
D/o Late Venkateshan N,
aged about 32 years,
3. Ms. Pranoti V
D/o Late Venkateshan N,
aged about 32 years,
All are residing at No.150,
8th Cross Road, 4th Main road,
Bilekahalli Dollars Layout,
BTM II Stage, Bengaluru-560 076.
...Appellants
(By Sri. T. Krishna, Advocate)
AND:
NIL.
...Respondent
This MFA is filed under Section 384 of the Indian
Succession Act, against the order dated 15.10.2019
passed in P & S.C.No.430/2018 on the file of the
2
learned 39th Additional City Civil and Sessions Judge,
Bengaluru, dismissing the petition filed under 372 of
the Indian Succession Act.
This MFA coming on for Orders this day, the Court
made the following:
JUDGMENT
The appellant being aggrieved by the order
dated 15.10.2019 passed in P & S.C.No.430/2018 filed
this appeal.
2. The brief facts leading to filing of this
appeal is that:-
The appellant has made an application in 372 of
Indian Succession Act for grant of Succession
Certificate in favour of appellant No.1 in respect of
assets mentioned in the schedule to the said
application. It is contended that One Sri.
Venkateshan N, who is the husband of appellant No.1
and father of appellants No.2 and 3 had acquired
certain shares and investments and the said Sri.
Venkateshan N died intestate on 04.02.2017 at
Bengaluru. The appellants being the legal heirs of
deceased Sri. Venkateshan N have succeeded his
estate. The appellant No.1 sought for transfer of
shares detailed in the schedule to the application
standing in the name of the deceased-husband to her
name. She was advised to obtain the Succession
Certificate. Hence, the appellant have filed an
application.
3. The appellant No.1 was examined as PW.1
and got examined documents Ex.P1 to P7. The trial
Court after recording the evidence rejected the
application solely on the ground that there is
discrepancy in the name of deceased and further it is
held that appellants have failed to establish
relationship with said deceased - Sri. Venkateshan N
and further it is also observed that the appellants
have failed to produce the genealogy tree or even the
Succession Certificate issued by the Tahsildar and
further observed that appellants have not examined
any independent witness in support of their claim.
Hence, on the said ground dismissed the petition filed
by the appellant. Hence, the appellant filed this
appeal.
4. Heard the learned counsel for the
appellant.
5. The learned counsel for the appellants
submits that the appellant has filed an application for
production of additional documents in order to
establish that the appellants are the legal heirs of
deceased Sri. Venkateshan N. Further, they have
produced the Birth Certificate of appellant Nos.2 and
appellant No.3 and also produced the certificate of
registration, wherein the accused No.1 got married to
deceased Sri. Venkateshan N and also produced
attestation of Family Tree issued by the Deputy
Tahsildar, Begur Hobli, Bengaluru South Taluk and
also filed an affidavit. The said application
I.A.No.1/2019 is allowed. In order to prove the said
documents, the matter requires to be re-considered
by the trial Court.
6. In view of the said discussion, the appeal
is allowed. The order dated 15.10.2019 passed in P &
S.C.No.430/2018 is set aside. The matter is
remanded to trial Court to provide opportunity to the
appellants to prove the documents produced herein
and pass appropriate orders in accordance with law.
The appellants are directed to appear before the
trial Court on 07.02.2022 without waiting any notice
from the trial Court.
Sd/-
JUDGE
AG
