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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Niyoti Roy, W/o Late Indrajit Roy – Appellant
Versus
Mayarani Roy, W/o Late Indrajit Roy – Respondent
ORDER :
GAUTAM KUMAR CHOUDHARY, J.
1. This appeal is under Section 384 of the Indian Succession Act against the judgment dated 01.07.2006 passed by the Additional Judicial Commissioner-VI, Ranchi in Misc. Case No. 285 of 1999, whereby and whereunder, the application under Section 383 of the Indian Succession Act for revocation of the Succession Certificate dated 01.02.1999 issued in Succession Case No. 176 of 1997 has been dismissed.
2. Appellant no. 1 claims to be the legally wedded wife of the deceased Indrajit Roy, who died on 22.03.1997 and was the employee in RINPAS, Kanke as Jamadar. Appellant nos. 2 and 3 are the married son and daughter of the deceased.
3. It is the case of the appellants that the Succession Certificate was obtained by respondent no. 1 by suppressing the factum of marriage of Indrajit Roy with appellant no. 1 in Succession Case No. 176 of 1997 as they were also not made a party. Only respondent nos. 1, 2 and 3 were impleaded as O.P. Nos. 2 to 4 in the said case. Once having come to know about issuance of the succession certificate, revocation case was filed which was dismissed. Hence this appeal
4. It is argued by learned counsel for the appellants that witnesse
A succession certificate obtained by fraudulent concealment of heirs' relationships is revocable under Section 383 of the Indian Succession Act.
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 without notifying all legal heirs and through misrepresentation is subject to revocation under the Indian Succession Act.
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 ....
Mandatory disclosure of near relatives is essential for succession certificate applications under the Act.
A void marriage does not confer inheritance rights, and the burden of proof lies on the party challenging the validity of a will.
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....
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