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2007 Supreme(Online)(J&K) 7

JAMMU AND KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Ghulam Nabi Naikoo – Appellant
Versus
Abdul Rehman Bhat – Respondent


Table of Content
1. appeal regarding succession certificate proceedings. (Para 1 , 2 , 3)
2. claim of adopted daughters for estate. (Para 4 , 5 , 6)
3. intricate questions regarding adoption and succession. (Para 7 , 8 , 9 , 10 , 11)
4. summary proceedings cannot determine intricate issues. (Para 12 , 13)
5. nominee's role and exclusion from legal heirs. (Para 19 , 20 , 21 , 22)
6. final ruling upholding previous judgments. (Para 23 , 24)

1. This appeal is directed against the judgment dated 21st May, 2003, hereinafter referred to as impugned judgment passed by learned Principal District Judge, Anantnag, whereby and whereunder, two petitions titled as Abdul Rehman Bhat v. Mst. Saja and Others, date of institution 11th October, 2000 and Ghulam Nabi Naikoo v. Mohammad Sidiq Naikoo, date of institution 31st October, 2000, for grant of succession certificate came to be decided.
Factual Backdrop of the Case.
It appears that Mst. Fazi, w/o Ghulam Nabi Naikoo, appellant herein, died on 8-9-2000 at village Bhan, Tehsil Kulgam. Appellant Ghulam Nabi Naikoo presented an application for issuance of succession certificate in favour of the petitioner and alleged adopted daughters, namely, Rukhasana Anju






































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