Case Note & Summary
The case involves a dispute over the entitlement to family pension and gratuity of a deceased government servant, Ramrao Patil. The petitioner, Ankush s/o Ramrao Patil, is the son from the first wife of the deceased. The respondent No.4, Smt. Sangita @ Nirmala wd/o Ramrao Patil, is the second wife and widow. The deceased died on 10th August 2006 while serving as a teacher. The respondent No.4 filed Misc. Application No.135 of 2007 before the Civil Judge Junior Division, Udgir, for a succession certificate in respect of the family pension and gratuity. The petitioner objected, claiming that he is also entitled to a share. The Civil Judge Junior Division allowed the application and granted the succession certificate to the respondent No.4 and her two children, but also directed that the petitioner is entitled to 1/3rd share in the family pension and gratuity. The petitioner filed a revision petition before the Bombay High Court challenging the order. The High Court considered the issues of jurisdiction and entitlement. The court held that the Civil Judge Junior Division had jurisdiction to entertain the application as the value of the property was within its pecuniary limits. However, on the merits, the court held that family pension and gratuity are not 'property' under the Hindu Succession Act, 1956, and are governed by the rules of the employer. As per the Maharashtra Civil Services (Pension) Rules, 1982, and the relevant gratuity rules, the family pension and gratuity are payable only to the widow and children, and not to the son from the first wife. The court set aside the direction granting 1/3rd share to the petitioner and allowed the revision petition, holding that the respondent No.4 and her children are exclusively entitled to the succession certificate.
Headnote
A) Succession Certificate - Jurisdiction - Family Pension and Gratuity - Indian Succession Act, 1925, Sections 370, 373, 381 - The Civil Judge Junior Division has jurisdiction to entertain an application for succession certificate in respect of family pension and gratuity, as these are debts or securities within the meaning of the Act. The court held that the value of the property for jurisdiction is the amount of gratuity and family pension payable, and the Civil Judge Junior Division has pecuniary jurisdiction. (Paras 5-7) B) Hindu Succession Act - Succession to Property of Hindu Male - Sections 8, 12, 15 - Family pension and gratuity are not 'property' within the meaning of Section 2 of the Hindu Succession Act, 1956, and are governed by the rules of the employer. The son from the first wife is not entitled to a share in the family pension and gratuity of the deceased government servant, as these are payable only to the widow and children as per the relevant rules. (Paras 8-10) C) Succession Certificate - Entitlement - Widow and Children - Indian Succession Act, 1925, Section 373 - The widow and children of the deceased are entitled to the succession certificate for the family pension and gratuity, and the son from the first wife is not a dependent or nominee under the rules. The court held that the Civil Judge Junior Division erred in granting the certificate to the son from the first wife. (Paras 11-12)
Issue of Consideration
Whether the Civil Judge Junior Division had jurisdiction to entertain the application for succession certificate in respect of family pension and gratuity, and whether the son from the first wife is entitled to a share in the family pension and gratuity of the deceased government servant.
Final Decision
The High Court allowed the revision petition, set aside the direction granting 1/3rd share to the petitioner, and held that respondent No.4 and her children are exclusively entitled to the succession certificate for family pension and gratuity.
Law Points
- Succession certificate
- Family pension
- Gratuity
- Hindu Succession Act
- 1956
- Section 8
- Section 12
- Section 15
- Section 2 of Hindu Succession Act
- Section 370 of Indian Succession Act
- 1925
- Section 373 of Indian Succession Act
- Section 381 of Indian Succession Act
