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2022 Supreme(Pat) 640

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJIV ROY, J.
Misc. Appeal No. 138 of 2017
(7.12.2022)
Mostt. Sandhya Singh ... Appellant
vs.
Meera Singh & Ors. ... Respondents

Advocates:
For the Appellant : Mr.Ranjan Kumar Singh.
For the Respondents: Mr.Krishna Kant Singh.

Headnote:

Indian Succession Act, 1925 – Section 372 – Grant/denial of Succession Certificate – It was duty on part of appellant to bring on record cogent facts/evidences in support of her case to prove that she is/was legally wedded wife of late father of respondents – Having failed to do so, Court was perfectly justified in issuing Succession Certificate to three daughters while denying the same to appellant – Appeal dismissed. (Paras 25, 26, 29 and 30)

Rajiv Roy, J.—The present appeal is directed against the order dated 18.11.2016 passed in Succession Case No. 15 of 2006 by the learned Sub-Judge-1st, Muzaffarpur by which the learned Court was pleased to issue Succession Certificate in favour of respondent Nos. 1 to 3 while the claim of the appellant was rejected.

2. The matrix of the facts giving rise to the present appeal is/are as follows:—

3. The respondent Nos. 1 to 3 namely, Meera Singh, Kiran Singh and Supriya Singh claiming themselves to be the daughters of late Ram Kripal Singh filed Succession Case No. 15 of 2006 under Section 372 of the Indian Succession Act (henceforth for short 'the Act') for grant of Succession Certificate to the deceased Ram Kripal Singh claiming themselves to be his daughters with the further averment that their mother, Parwati Devi already died prior to the death of their father on 3.10.2005. It is to be noted that Ram Kripal Singh died on 4.5.2006.

4. The appellant, Sandhya Singh preferred petition in the said Succession Case No. 15 of 2006 for addition of her name claiming herself to be the wife of late Ram Kripal Singh. According to her, the marriage was solemnised with Ram Kripal Singh at village-Kataiya, Gopalganj on 22.2.2006 and they were living a happy conjugal life.

5. Subsequently, on 26.3. 2006, Ram Kripal Singh fell ill and was treated at All India Institute of Medical Sciences, New Delhi as also Janki Das Kapoor Memorial Hospital Sonipat, Haryana where he breathe his last on 4.5.2006.

6. In favour of their respective claims, the three daughters put forward altogether seven witnesses which were as follows:—

(i) A.W.-1, A.W.-2 and A.W.-3 were the three sisters themselves namely, Meera Singh, Kiran Singh and Supriya Singh and they deposed that their mother died on 3.10.2005 whereafter they were taking care of late Ram Kripal Singh on rotation basis. Subsequently, he fell ill and breathe his last at Janki Das Kapoor Memorial Hospital Sonipat, Haryana on 4.5.2006. One of the three sisters was at the bedside when he died whereafter the dead body was handed over to them and later mortal remains were consigned to flames by them;

(ii) later, 'Shraddh' was performed by them. It was their further contention that their father, Ram Kripal Singh never married any lady much less with Sandhya Devi as she claimed;

(iii) A.W.-4, Ram Surat Singh was the own brother of deceased, Ram Kripal Singh. He deposed that his brother died at Sonipat Hospital on 4.5.2006 while his wife Parwati Devi died on 3.10.2005 and after the death of Parwati Devi, the deceased never solemnized any marriage with anyone. Thus, he denied the second marriage of late Ram Kripal Singh;

(iv) A.W.-5, Mohan Pathak is a formal witness who identified the certificate granted by the Circle Office, Meenapur (Exhibit-1);

(v) A.W.-6, Dhirendra Singh, is also a villager who supported the case of the three sisters stating that Ram Kripal Singh died on 4.5.2006 at Sonipat while his wife, Parwati Devi died on 3.10.2005 and further, no second marriage took place;

(vi) A.W.-7, Anjarul Haque is again a formal witness who identified the certificate granted by Dr. Nirmal Khandelwal, Janki Das Kapoor Memorial Hospital, Sonipat, Haryana(Exhibit-2 and 2/1). He also certified the death certificate of deceased, Ram Kripal Singh (Exhibit-3) and Parwati Devi (Exhibit- 3/1).

7. So far as the opposite party-appellant's case is/was concerned, altogether eleven witnesses were examined which included:—

(i) Op.W-1 Most. Sandhya Singh who claimed to have married Ram Kripal Singh on 22.2.2006 in village Kataiya after the death of his first wife, Parwati Devi. Her further statement was that Ram Kripal Singh was not ill at the time of marriage and was physically fit on 22.2.2006 when marriage took place and fell ill in March, 2006 whereafter he was treated at Siwan, Delhi and lastly at Sonipat, Haryana where he died on 4.5.2006;

(ii) Op.W.-2, Ramanand Singh and Op.W.-3, Ramadhar Singh are villagers who claimed to have been pre

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