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VENKATA JYOTHIRMAI PRATAPA
J. Kiran @ Palaparthi Kiran, R/o. Cloughpeta, Ongole – Appellant
Versus
P. Prasad – Respondent
JUDGMENT :
(Venkata Jyothirmai Pratapa, J.)
Impugning the Order dated 24.02.2006 passed in S.A. O.P.No.5 of 2002, on the file of the Court of I Additional District Judge, Ongole, the unsuccessful petitioner carried the matter before this Court in this C.M.A.
2. The appellant herein was the petitioner. Respondent Nos.1 to 6 herein were the Respondents before the trial Court. For the sake of convenience, the parties will be referred to hereinafter as they arrayed before the trial Court.
3. Heard Sri Satish Deshpandey, learned counsel for the appellant and Sri V.D.Nageswara Rao, learned counsel for Respondents.
4. The case of the petitioner, in brief, is as follows:
a. Petitioner filed the petition under Sections 372 and 383 of Indian Succession Act stating that she is legally wedded wife of deceased/ P.C.Bhaktharaju seeking the following reliefs:
(ii) To take appropriate action against Respondent Nos.1 to 3 for giving false evidence in O.P. No.176 of 2001;
(iii) To revoke the Succession Certificate granted in favour of Respondent Nos. 1 and 2 in O.P.No.176 of 2001, dated 12.07.2001.
b. Petitioner furthe
A Succession Certificate cannot be revoked through a separate original petition; it must be pursued as a miscellaneous application under the Indian Succession Act.
A succession certificate obtained without notifying all legal heirs and through misrepresentation is subject to revocation under the Indian Succession Act.
A succession certificate obtained by fraudulent concealment of heirs' relationships is revocable under Section 383 of the Indian Succession Act.
judgment and decree passed by the learned First Appellate Court having come to the conclusion that the proceedings for obtaining Succession Certificate was defective and the Certificate was obtained ....
Mandatory disclosure of near relatives is essential for succession certificate applications under the Act.
Entitlement to family pension and succession benefits granted to the second wife, affirming her legal status as a widow under applicable pension rules, despite the opposition from children of the fir....
Children born out of a void marriage are entitled to inherit from their father under Section 16 of the Hindu Succession Act, 1956, and can seek revocation of a succession certificate if it was obtain....
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