The main legal point established in the judgment is that the rights of the widower under the Indian Succession Act, particularly Section 35, must be considered in cases of intestate succession, and the absence of objection from necessary parties can influence the grant of a succession certificate.

M. Y. EQBAL, J.

( 1 ) THIS appeal by the plaintiff-appellant is directed against the order dated 2-5-2003 passed by District Judge, Pakur in succession Case No. 11 of 1999/2002 whereby the application filed by the appellant for grant of succession certificate has been dismissed.

( 2 ) APPELLANT filed an application under the indian Succession Act for the grant of succession certificate in respect of some deposits lying in the name of Miru Hembram, the legally married wife of the appellant who died on 25-6-1997.

( 3 ) APPELLANTs case is that Miru Hembram was legally married wife of the appellant who died leaving behind the appellant as her sole heir and successor. In the said succession certificate appellant impleaded two persons, namely, Kapra Murmu and Manila Marandi as opposite parties who appeared and pleaded that succession certificate with respect to the amount be granted to the appellant. Learned district Judge on the basis of the evidence came to the conclusion that the deceased left behind two brothers also and, therefore, in terms of Section 35 of the Indian Succession Act since the appellant knowingly concealed the fact that the deceased died leaving behind brothers and they have not been impleaded as party in the case, the application for grant of succession certificate is fit to be dismissed for non-joinder of necessary party.

( 4 ) SECTION 35 of the Indian Succession act confers a right to the husband to succeed to half of the property of his deceased wife, in case she dies intestate leaving no lineal descendant. But in the absence of any next-of-kin the husband would be entitled to the whole of his wifes property as her heir. Section 35 reads as under:"35. Rights of widower.-A husband surviving his wife has the same rights in respect of her property if she dies intestate, as a widow has in respect of her husbands property, if he dies intestate. "

( 5 ) CHAPTER II of the Act lays down the rules with respect to devolution of property in case of death of an intestate. Sections 32 to 35 read as under :"32. Devolution of such property,-The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. Explanation.-A widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husbands estate. 33. Where intestate has left widow and lineal descendants, or widow and kindred on/y, or widow and no kindred.-Where the intestate has left a widow- (a) If he has also left any lineal descendants, one-third of his property shall belong to his widow and the remaining two thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) save as provided by Section 33-A, if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow. 33-A. Special provison where intestate has left widow and no lineal descendants.- (1) Where the intestate has left a widow but no lineal descendants and the net value of hisproperty does not exceed five thousand rupees, the whole of his property shall belong to the widow. (2) Where the net value of the property exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such party for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent per annum until payment. (3) The provision for the widow made by this section shall be in addition and without prejudice to her interest and share in the residue o