Case Note & Summary
The petitioner, Smt. Shashikala A. Kisan Awad, filed a Notice of Motion seeking a direction to the respondent, Divisional Office, Central Railway, to accept the succession certificate granted by the Bombay High Court on 29.6.2001 and pay the dues of her deceased husband, Kisan Awad, who died while in service on 29.12.1999. The petitioner, claiming to be the widow, applied for the dues, but one Mrs. Mangala Kisan Awad also claimed to be the wife and filed a claim. The Railway authorities directed both parties to obtain a succession certificate from a competent court. The petitioner filed Testamentary Petition No. 887 of 2000, and the court granted her a succession certificate on 29.6.2001. Despite producing the certificate, the Railway authorities did not make payment, though they admitted the amount due as Rs. 2,04,737/- in their letter dated 6.6.2002. The court noted that the succession certificate is conclusive evidence of title and the Railway authorities cannot refuse payment based on a competing claim. The court directed the respondents to pay the admitted amount to the petitioner within four weeks.
Headnote
A) Succession Act - Succession Certificate - Conclusive Evidence - Section 381 of the Indian Succession Act, 1925 - The court held that a succession certificate granted by a competent court is conclusive evidence of the title of the person named therein, and the Railway authorities cannot refuse payment based on a competing claim. The authorities must accept the certificate and make payment to the holder. (Paras 1-6)
B) Railway Law - Payment of Dues - Competing Claims - The Railway authorities directed the parties to obtain a succession certificate, and once the petitioner obtained it, they were bound to pay the admitted dues. The court directed the respondents to pay the amount of Rs. 2,04,737/- to the petitioner within four weeks. (Paras 3-6)
Issue of Consideration
Whether the Railway authorities can refuse to pay the dues of a deceased employee to the widow who has obtained a succession certificate from a competent court, on the ground that there is a competing claim by another person claiming to be the second wife.
Final Decision
The court allowed the notice of motion and directed the respondents to pay the amount of Rs. 2,04,737/- to the petitioner within four weeks from the date of the order.
Law Points
- Succession certificate is conclusive evidence of title
- Railway authorities cannot refuse payment based on competing claims once a valid succession certificate is produced
- Succession certificate granted by a competent court must be honored by all authorities
Case Details
2005 LawText (BOM) (08) 129
Notice of Motion No. 2878 of 2003 in Petition No. 887 of 2000
Ms. Asha Mehta for petitioner, Mr. S.C. Dhawan with T. J. Pandian for respondents, Mr. D.R. Mishra for second wife i.e. Petitioner in MPT (L) No. 162 of 2003
Smt. Shashikala A. Kisan Awad
Divisional Office, Central Railway, Personnel Branch, CST, Mumbai
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Nature of Litigation
Notice of Motion seeking direction to accept succession certificate and pay dues of deceased employee
Remedy Sought
Direction to respondents to accept succession certificate granted by this Court on 29.6.2001 and pay dues of deceased to petitioner who is the widow
Filing Reason
Railway authorities refused to pay dues despite production of succession certificate, citing competing claim by another person claiming to be second wife
Previous Decisions
This Court granted succession certificate to petitioner on 29.6.2001 in Testamentary Petition No. 887 of 2000
Issues
Whether the Railway authorities can refuse to pay the dues of a deceased employee to the widow who has obtained a succession certificate from a competent court, on the ground that there is a competing claim by another person claiming to be the second wife.
Submissions/Arguments
Petitioner argued that she is the widow and has obtained a succession certificate from this Court, which is conclusive evidence of her title, and the Railway authorities are bound to accept it and pay the dues.
Respondents argued that there is a competing claim by another person claiming to be the second wife, and therefore they cannot make payment.
Ratio Decidendi
A succession certificate granted by a competent court is conclusive evidence of the title of the person named therein, and authorities cannot refuse payment based on competing claims. The certificate must be honored by all authorities.
Judgment Excerpts
The present notice of motion has been taken out by the petitioner inter alia seeking direction that the respondents should accept the succession certificate granted by this Court on 29.6.2001 and consequently pay the dues of the deceased to the petitioner who is the widow.
The Railway authorities directed the parties to obtain succession certificate from the Court of Competent jurisdiction.
This Court by an order dated 29.6.2001 granted the petitioner the succession certificate.
The railway authorities though admitted the amount due and payable under their letter dated 6.6.2002 being the amount of Rs. 2,04,737/- but inspite of production of the succession certificate issued by this Court which is the Court of competent jurisdiction did not make payment of any amount to the petitioner herein.
Procedural History
The petitioner filed Testamentary Petition No. 887 of 2000 for succession certificate, which was granted on 29.6.2001. Thereafter, the petitioner filed a fresh claim on 16.7.2001, but the Railway authorities did not pay. The petitioner then took out the present Notice of Motion No. 2878 of 2003 seeking directions.
Acts & Sections
- Indian Succession Act, 1925: 381
