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Synopsis

In an interesting case before the First Civil Judge Senior Division at Shivpuri, Madhya Pradesh, a complex dispute regarding property inheritance has finally concluded with a judgment in favor of the wife of the deceased.

The case, which saw multiple rounds of litigation, began when an applicant, claiming to be the sister of the deceased, filed for the property of her late brother. Court initially passed an ex-parte judgment in favor of the sister, as no objections were raised by the defendant parties, including the State Bank of India.

However, a twist in the tale came during the second round of litigation when a woman hailing from Odisha challenged the ex-parte order. She asserted that she had married the deceased after the deaths of their respective spouses and presented a marriage certificate issued by Raipur Municipality as evidence.

Advocate Anchit Jain, appearing the wife in this case, contended that she was unaware of the legal proceedings as the newspaper publication was limited to the jurisdiction of Shivpuri. She had continuously sought possession of assets, knowledge, and documents, but her efforts were in vain.

The Court, recognizing the validity of the lady's claims, allowed her interim application for a stay on the bank account until the final adjudication. To strengthen her position, the sister produced a will allegedly issued by the deceased, which indicated the transfer of all movable and immovable properties to her.

During the third round of litigation, the Court carefully examined the evidence presented. It observed discrepancies in the sister's claims, including contradictions in her statements and a lack of proper verification for her old ration card. Furthermore, the Court noted that she was unable to provide her date of birth, produce an Aadhar card, or clarify her birth certificate's status.

Finding the will suspicious, as the circumstances surrounding its recovery raised doubts, Court held that the will lacked clarity on which immovable properties were intended to be transferred, rendering it void due to uncertainty under Section 88 of the Indian Succession Act. It also cited legal precedents to emphasize that a will with such uncertainty cannot be probated.

In contrast, the deceased's wife produced a death certificate of her first spouse and a marriage certificate with the deceased, along with photographic evidence, which were all deemed reliable.

Consequently, Court went on to declare the lady as the first legal successor of the deceased, dismissing the application for succession filed by the woman claiming to be his sister.