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2014 Supreme(Raj) 1347

ALOK SHARMA
Mukbul Khan through LRs. – Appellant
Versus
Harkhas Va Aam – Respondent


Advocates:
For the Appellant:Mahesh Gupta, Advocate.
For the Respondent: None.

JUDGMENT

1. - This miscellaneous appeal under Section 384 of the Indian Succession Act, 1925 (hereinafter 'the 1925 Act') has been filed against the judgment dated 25-1-2002 passed by the Additional District Judge, Neemka Thana, District Sikar dismissing an application for issue of succession certificate seeking grant of Rs. 1,69,491.60 thereunder.

2. The appellants Maqbool Khan (now represented through his legal representatives) and Zamila are the parents of one Iqbal, who died while working at Saudi Arabia in the year 1988. At the time of his death in the 1988 Iqbal was married to respondent No.2 Hasina Bano. It appears that on Iqbal's death a compensation of Rs. 8,47,458/- was determined for the purpose of disbursement to his legal heirs and dependents. The appellants as parents of the deceased Iqbal applied for compensation to the extent of entitlement whereon out of Rs. 8,47,458/-, Rs. 6,78,000/- was disbursed. An amount Rs. 1,69,491.60 was not disbursed to them. In the circumstances an application under Section 384 of the 1925 Act was moved before the court below for issuing succession certificate in respect of remainder Rs. 1,69,491.60. In the aforesaid application for a succ












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