Mandatory disclosure requirements under Section 372 of the Indian Succession Act to prevent usurpation of property and the consequences of deliberate concealment and false averments.

Rakesh Kumar Jain, J.

1. The petitioner has challenged order of Civil Judge (Senior Division), Chandigarh dated 11.05.2000 and order of Additional District Judge, Chandigarh dated 09.01.2002 by which a petition filed by respondent Hira Singh under.Section 372 of the Indian Succession Act, 1925 (for short "the Act") for issuance of succession certificate in respect of the estate of Labh Singh son of Roor Singh has been allowed.

2. Brief facts of the case are that Roor Singh had two sons namely Hira Singh (respondent), Labha Singh and two daughters namely Bachan Kaur and Gurdial Kaur. The petitioner is the son of Gurdial Kaur. The dispute is with regard to the estate of Labh Singh who died intestate and issueless. After the death of Labh Singh, his brother Hira Singh (respondent) filed a petition under Section 372 of the Act seeking the issuance of succession certificate in respect of the estate of Labh Singh (deceased). In the said petition, the respondent had alleged that:-

"3. The family or other near relation The deceased was unmarried and died issueless, of the deceased & their respective There is no other relation of the deceased except residence No. the petitioner being the brother of the deceased."

3. In para No. 7 of the petition, it was alleged by the respondent that "the deceased died intestate and the petitioner is the only legal heir entitled to the succession certificate of deceased Labh Singh being the brother of the deceased."

4. In the petition filed under Section 372 of the Act, only General Public was arrayed as respondent. However, Dayal Singh (petitioner), who happened to be the son of Gurdial Kaur (sisters son of Hira Singh and Labh Singh), filed an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 [for short "CPC"] for impleading him as a respondent. The said application was allowed by the learned Court below vide its order dated 23.01.1998. Dayal Singh then contested the petition by filing written statement in which he categorically alleged that Hira Singh (respondent) did not approach the Court with clean hands. He deliberately did not disclose the names of other relatives of deceased Labh Singh. He alleged that the sister of Labh Singh namely, Bachan Kaur widow of Balas Singh was alive at the time when the petition under Section 372 of the Act was filed and had died during the pendency of the petition, whereas Hira Singh did not disclose about her and had rather repeatedly alleged in the petition that there is no other relative of deceased Labh Singh except for him. The contents of the petition filed under Section 372 of the Act were also verified by Hira Singh to be correct to his knowledge and belief. Hira Singh filed replication in which he did not deny the fact that his sister Bachan Kaur was alive at the time when the petition under Section 372 of the Act was filed by him, rather a vague reply was given that Dayal Singh and other sons of his sister are not necessary party to the present petition, the sisters of Labh Singh have expired and their sons are not entitled to any share in the property left by deceased Labh Singh.

5. In order to substantiate his case, Hira Singh appeared as PW1 and examined Gurdev Singh as PW2 and Sukhdev Vaid scribe as PW3. On the other hand, the petitioner/respondent had examined Bhuri Singh as RW1 and himself appeared as RW2. Hira Singh, while appearing as PW1, has stated in his examination-in-chief that "there is no other claimant except for him." This statement was made by him in the year 1998. Gurdev Singh PW2, who is the son of Bachan Kaur, has categorically stated that his mother was alive in the year 1995 and had died in the year 1998, meaning thereby when the petition was filed by Hira Singh and when he had made the statement before the Court as PW1, Bachan Kaur was alive.

6. The learned Court below, however, allowed the petition of Hira Singh vide its order dated 11.05.2000 and granted him succession certificate of his brothers estat