A nominee of a deceased, albeit not his legally wedded wife, can claim a succession certificate on the basis of nomination.

1. - The order dated 18.07.2005, passed by the District Judge, Jhunjhunu dismissing the appellants' - applicants' (hereinafter 'the applicants') application under Section 383 of the Indian Succession Act, 1925 (hereinafter 'the Act of 1925') for revocation of succession certificate granted in favour of the respondents - non-applicants (hereinafter 'the non-applicants') by the said court on 31.10.2000 under Sections 372/373 of the Act of 1925 is under challenge in this civil misc. appeal.

2. Briefly stated the facts of the case are that one Kripal Singh died on 25.04.1999 at Sriganganagar. On his death, an application was moved on 16.08.1999 by the non-applicants under Sections 372/373 of the Act of 1925 claiming that they were the only heirs of the deceased as his wife and son. Notices of the application were published as required in law and with no objection to oppose the application, succession certificate in favour of the non-applicants was granted by the trial court entitling them inter alia to the benefits of State Insurance amounts, amount of Provident Fund, leave encashment, family pension as also arrears of salary due to the deceased Kripal Singh and right to be considered for appointment in Government service under the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996.

3. An application then came to be filed by the applicants on 06.11.2000 before the concerned court, stating that the certificate of succession obtained by the non-applicants had been procured on the basis of misrepresentation, fraud and collusion with the brother of the deceased Kripal Singh, one Prithvi Singh, who had supported the case of the non-applicants before the trial court. The applicants submitted that the newspaper in which the notices of the application under Sections 372/373 of the Act of 1925 laid by the non-applicant were published i.e. "Aas-Pass" was a local paper of Jhunjhunu and in these circumstances, the applicants resident of Sriganganargar had not come into the know of the proceedings before the trial court for grant of succession certificate at the instance of the non-applicant Nos.1 & 2. It was submitted that the applicant No.1 - Seetu Shekhawat and applicant Nos.2 & 3 - Reetu Shekhawat and Sandeep Shekhawat, respectively were the wife and children of the deceased Kripal Singh. At the time of marriage, Kripal Singh was a bachelor and unmarried, the claim that he was married to the non-applicant No.1 - Kailash Kanwar as alleged was false. After the marriage, the applicant No.1 - Seetu Shekhawat commenced co-habiting with Kripal Singh as wife and bore him two children i.e. applicant Nos.2 & 3 and lived with him till his death on 25.04.1999 in Sriganganagar. The allegation of Kailash Kanwar as Kripal Singh's married wife was denied.

4. In response to the application under Section 383 of the Act of 1925, the non-applicants filed reply stating that Kailash Kanwar was married to Kripal Singh on 06.05.1967 at village Sehnali District Churu according to the Hindu custom and non-applicant No.2 - Virendra Singh borne out of the marriage. It was submitted that Kripal Singh having married could not have at all married the applicant No.1 - Seetu Shekhawat thereafter which he did not and in any event such a marriage, if at all, was a void marriage according to the Hindu Marriage Act, 1955 (hereinafter 'the Act of 1955'). The legitimacy of applicant Nos.2 & 3 as children of the purported marriage of the applicant No.1 with Kripal Singh was questioned.

5. It was stated in the rejoinder that the applicant No.1 having converted from Islam to Hinduism by Diksha on or about 02.04.1967 had married Kripal Singh on 08.04.1967 as per Hindu customs and rituals.

6. On the basis of the pleadings of the parties, the trial court framed three issued which are as under :

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