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ROBIN PHUKAN
Geetanjali Das, W/o Late Golap Das – Appellant
Versus
Rina Das, W/o Late Golap Das – Respondent
JUDGMENT :
(Robin Phukan, J.) :
Heard Mr. B. Chakravarty, learned counsel for the appellant and Mr. M. Choudhury, learned counsel for the respondent.
2. This appeal under Section 384 of the Indian Succession Act, 1925, is directed against the order dated 30.07.2014, passed by the learned Additional District Judge, Sonitpur, Tezpur, in Title Suit No. 34/2009. It is to be noted here that vide impugned judgment and order the learned Addl. District Judge, Sonitpur Tezpur, had granted Succession Certificate in favour of the respondent in this appeal in respect of the following dues of her deceased husband from the Oriental Insurance Co. Ltd.:-
| Sl. No. | Subject | Amount |
| 01. | Gratuity amount | Rs. 98,000.00 |
| 02. | GS Insurance amount | Rs.1,60,000.00 |
| 03. | S.B. Account No.114428 with Allahabad Bank | Rs. 1251/24 |
| 04. | Provident Fund | Rs.212,602.00 |
| 05. | LIC Policy No. 482180336 | Rs. 75,000.00 |
| 06. | LIC Policy No. 482656397/133-02 | Rs. 1,00,000.00 |
| 07. | Janata P.A. Policy No. 130700/47/03/00063 | Rs.1,00,000.00 |
| 08 | Family Pension | Not ascerta |
A void marriage does not confer inheritance rights, and the burden of proof lies on the party challenging the validity of a will.
A succession certificate obtained without notifying all legal heirs and through misrepresentation is subject to revocation under the Indian Succession Act.
A will must be executed in accordance with statutory requirements, and any suspicious circumstances must be adequately addressed by the propounder for the will to be validated.
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 by fraudulent concealment of heirs' relationships is revocable under Section 383 of the Indian Succession 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....
Succession Certificate – Courts are required to deal with application under Section 372 of Succession Act in a summary manner without asking for strict proof as contemplated under Indian Evidence Act....
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
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 ....
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