This is an appeal under section 384 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’) preferred by the opposite parties in Succession Case No. 432/2006 of the Court of learned Additional District Judge (FTC) No. 3, Kamrup at Guwahati thereby challenging the judgment and order dated 23.12.2008 passed in the aforesaid case. The Additional District Judge by that order held that the appellant herein is not entitled to succession certificate with respect to the debts and securities of Late Samir Ranjan Choudhury alias Saydur Rahman Hazarika although her two daughters are entitled to share along with respondent No. 1 Parbin Rahman Hazarika and her one son and daughter.

2. The Succession Case No. 432/2006 was registered upon an application filed by Musstt. Parbin Rahman Hazarika, her daughter Musstt. Farhanaz Rahman Hazarika and her son Md. Salidur Rahman Hazarika under section 372 of the Act against the present appellants as opposite parties. According to the petitioners of the case, Late Saydur Rahman Hazarika was a Muslim and he was a permanent resident of Dhirenpara in Guwahati. He died at the age of 49 years within the jurisdiction of the learned Dist