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ARUN KUMAR JHA
Maya Devi W/o Late Lakshman Ram @ Laxman Ram – Appellant
Versus
Sunila Devi D/o Dino Paswan – Respondent
JUDGMENT :
The present petition has been filed by the petitioner under Article 227 of the Constitution of India for quashing the order dated 04.07.2017 passed by the learned Sub-Judge-I, Begusarai in Succession Case No. 14 of 2015, whereby and whereunder the learned Sub Judge-I, Begusarai declared the plaintiffs/respondents as legal heirs and successors of one late Laxman Ram, who was an employee of East Central Railway, Sonepur.
2. Briefly stated, the facts of the case are that the petitioners, who were defendants before the learned trial court, claimed themselves to be the real legal heirs and successors of late Laxman Ram. The defendant/petitioner no. 1 claims to be the legally wedded wife of late Laxman Ram and defendant/petitioner no. 2 is the son of defendant/petitioner no. 1 with late Laxman Ram. The marriage between Laxman Ram and defendant/petitioner no. 1 was solemnized in the year 1993. It further appears from the record that plaintiffs/respondents filed Succession Case No. 14 of 2015 and has been able to obtain a Succession Certificate as the learned trial court held that defendant/petitioner no. 1 was the first wife of late Laxman Ram but she had no issues with late Laxm
The Subordinate Judge had jurisdiction to grant succession certificates, but the validity of marriages must be clearly established to determine legal heirs.
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
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....
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
The court clarified that proceedings under Section 372 of the Indian Succession Act are summary and do not grant final adjudication of rights, allowing for provisional determinations to meet urgent n....
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