IMPORTANT POINT
A succession certificate obtained without notifying all legal heirs and through misrepresentation is subject to revocation under the Indian Succession Act.

JUDGMENT :

Robin Phukan, J.

Heard Mr. D. Choudhury, learned counsel for the appellant and Mr. B.P. Borah, learned counsel for the respondent.

2. This appeal under Section 384 of the Indian Succession Act, 1925, is directed against the order dated 02.03.2012 passed in Succession Certificate No.47/2011 and the order dated 23.04.2012 for granting extended certificate in Succession Certificate No.47/2011 issued by the Deputy Commissioner, Karbi Anglong, Diphu. It is to be noted here that vide impugned order dated 02.03.2012 passed in Succession Certificate No.47/2011, the Deputy Commissioner, Karbi Anglong, Diphu, has granted Succession Certificate in favour of the respondent of this appeal and vide order dated 23.04.2012, the Deputy Commissioner, Karbi Anglong, Diphu, has issued extended succession certificate in respect of the following dues of her deceased husband:

3. The background facts, leading to filing of the present appeal, is adumbrated herein below:-

“The appellant Smt. Pratima Dutta is the wife of late Hara Kanta Dutta, who was serving in the office of the Executive Engineer, Public Health Engineering (PHE) Department, Diphu Rural W/S Division, Diphu. He died intestate and after his death on 14.10.2011, the respondent herein Smt. Rupali Baglary Dutta filed a petition for granting succession certificate before the Deputy Commissioner, Karbi Anglong, Diphu, for GIS amounting to Rs.2,00,000/- of her deceased husband. Upon the said petition, the Deputy Commissioner, Karbi Anglong, Diphu, has registered a case, being Succession Certificate No.47/2011 and thereafter, vide impugned orders dated 02.03.2012 and 23.04.2012 had granted succession certificate in respect of GIS for Rs.4,560/-, Leave Salary for Rs.1,04,454 and DCRG for Rs.1,23,970/-.”

4. Being aggrieved, the present appellant, who happens to be the first wife of late Hara Kanta Dutta, preferred this appeal, on the following grounds:-

(i) That, the succession certificate was granted under Section 372 of the Indian Succession Act, 1925, without application of mind.

(ii) That the respondent (applicant) suppressed the material fact that the deceased was the husband of the appellant and his property is situated at village Balikaria of Nalbari district and committed fraud in seeking succession certificate, being not legally married wife.

(iii) That the respondent made false statement in paragraph 4 of the application that there is no other legal relatives of late Hara Kanta Dutta except her and she was getting maintenance under Section 125 of the Code of Criminal Procedure as per order dated 18.12.1992 passed in Misc. Case No.72m/1991.

(iv) That the respondent has suppressed the material fact that she was not legally married wife of the deceased and she has no right over the pension and other retirement benefits in view of Assam Services Pension Rules, 1963 or under Hindu Marriage Act and Hindu Succession Act.

(v) That, no notice was issued to the original place of the deceased where he had his property and where he ordinarily too resided with his wife.

(vi) That the present appellant was not made a party in the proceeding for granting succession certificate and the order was passed without hearing the appellant, though she is legally married wife and Class-I heir of the deceased.

5. Mr. Choudhury, learned counsel for the appellant, submits that the Succession Certificate No.47/2011 was obtained by practicing fraud and that the appellant, being the first wife, is entitled to the pensionary dues of late Hara Kanta Dutta and that the appellant has never made a party in the Succession Certificate and no notice was issued to her and the respondent suppressed that she is not the legally wedded wife and as such, in view of the provisions of Section 383 of the Indian Succession Act, the succession certificate so issued is required to be revoked and the im