Rashida Sayed Galib v. Mohammed Ibrahim Wandrik (Deceased)

916-TP927-15.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 927 OF 2015 Rashida Sayed Galib

...Petitioner

And Mohammed Ibrahim Wandrik ...Deceased Mr Sameer Vaidya, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

31st August 2018 PC:- 1.

The Petitioner seeks an amendment of the succession certificate issued on 3rd February 2016. The deceased, her father, died on 31st May 2014. He was, in his lifetime, employed by the Customs Department and had a pension account with Dena Bank, Bandra (West) Branch. This is pension account No. 014410024786. Before his demise, pension was deposited in that account by the Pay and Accounts Section, Ministry of Finance. After the succession certificate was obtained, the officer concerned said that the succession certificate did not include arrears of revisions in pension. 2.

In my view, the submission is correctly taken and the objection is without substance. Evidently, pension is an ongoing benefit. There cannot be a fresh succession certificate every time the 31st August 2018

916-TP927-15.DOC pension is revised nor need there be a separate succession certificate for arrears.

3.

The amendment is, therefore, permitted to the succession certificate to allow both for all accrued arrears of pension as also all periodical revisions hereafter so long as the pension is legitimately and lawfully payable.

4.

Amendment to be carried out within two weeks from today. (G. S. PATEL, J) 31st August 2018