ANIMA DAS Vs. SAMARESH MAJUMDAR
LAWS(GAU)-2018-5-44
HIGH COURT OF GAUHATI
Decided on May 11,2018

Anima Das Appellant
VERSUS
Samaresh Majumdar Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. S. Dutta, learned Sr. counsel for the appellant. I have also heard Mr. A.K. Gupta, learned counsel representing the respondent.
(2.) This appeal has been preferred against the judgment and order dated 03-09-2007 passed by the court of District Judge, Dibrugarh in Misc. (S.C.) Case No. 186/2003 rejecting the objection filed by the appellant opposing the grant of Succession Certificate in favour of the respondent.
(3.) The facts of the case, briefly stated, are that the deceased daughter of the appellant, viz. Late Gouri Das was an employee under the Department of Telecom who died in harness on 15-11-1997. At the time of her premature death, Gouri Das had left behind valuable securities and immovable properties. After the death of Gouri Das, her husband, i.e. the respondent had filed a petition under Section 371/372 of the Indian Succession Act, 1925 registered as Misc. Succession Case No 186/2003, praying for grant of Succession Certificate in his favour in respect of the debts and securities left behind his deceased wife. It further appears from the record that general succession notices were issued in the aforesaid proceeding but since none had appeared to file objection, the matter proceeded ex-parte. However, before the Succession Certificate could be granted in favour of the respondent, the appellant had appeared and filed an application under Section 383 of the Indian Succession Act, 1925 praying for revocation of Succession Certificate. By the impugned Judgment and Order dated 03-09-2007, the learned District Judge, Dibrugarh had rejected the objection filed by the present appellant by holding that she was not entitled to receive the Debts and Securities during the life time of the husband. Accordingly, by the impugned order dated 03- 09-2007 direction was issued to grant Succession Certificate in favour of the respondent. Hence, this appeal under Section 384 of the Indian Succession Act, 1925.;


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