GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:
1. Heard Mr. A. Biswas, learned counsel for the appellant and also heard Mr. R. Sensua, learned counsel for the respondents.
2. In this Intest.Cas. No.4/2024, filed under Section 384 of the Indian Succession Act, 1925, the appellant has challenged the judgment and order dated 30.04.2024, passed by the learned Additional District Judge No.3, Nagaon, in Misc. (Succession) Case No.22/2019. It is to be noted here that vide impugned judgment and order dated 30.04.2024, the learned Additional District Judge has directed to issue a joint succession certificate in favour of the respondents/petitioners and the appellant/opposite party in respect of the debts and securities left behind by the deceased Subal Borah as described in the Schedule to the petition on payment of due court fees and on execution of an indemnity bond by the respondents/petitioners.
3. The background facts, leading to filing of the present appeal are briefly stated as under:-
"Late Subal Borah, son of the respondent/petitioner No.1 Smt. Guneswari Borah and father of respondent/petitioner Nos.2 and 3 Smt. Lipika Borah and Dipsikha Borah, during his lifetime was working as Nayak in Assam Special Reserve Force under the Government of Assam. He died on 02.07.2018 leaving behind the respondents/petitioners as his legal heirs. The mother of respondent/petitioner Nos.2 and 3 and the wife of Late Subal Borah died on 28.10.2006. At the time of death of the mother of respondent/petitioner Nos.2 and 3, the respondent/petitioner No.3 was a minor and to take care of her, Subal Borah kept the appellant/opposite party in his house and the appellant instead of taking care of the minor, had manufactured some documents and photographs and inserted her name in some documents as second wife of Subal Borah, though there was no relationship of husband and wife between Subal Borah and the appellant. At the time of his death, Subal Borah left certain debts and securities in the office of the Commandant, Assam Special Reserve Force Bn.II, Karagaon, Karbi Anglong, Assam, under the beneficiary scheme. Therefore, the respondents had filed a petition for granting succession certificate in respect of the debts and securities left behind by deceased Subal Borah for a sum of Rs.14,34,319/-. Subal Borah died intestate without making any Will and no letters of administration or probate application is pending in respect of the estate of deceased Subal Borah and there is no impediment in granting succession certificate under the Indian Succession Act.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqAd8aQ4XrLVmv9mp3uQ5rRgFHxWhLAtJ0vPWNzGZh66R&caseno=Intest.Cas./4/2024&cCode=1&cino=GAHC010151652024&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
