ITSUKO FUJIMOTO NANDI Vs. UOI

JUDGEMENT

(1.) Present is an appeal under Section 299 of the Indian Succession Act wherein challenge has been made to impugned judgment dated 29.05.2009 passed by the learned Addl. District Judge, Delhi whereby the petition filed by the appellant for grant of succession certificate in respect of estate left by deceased Dr. Parkash Kumar Nandi has been dismissed.

(2.) The appellant had filed a petition under Section 372 of the Indian Succession Act wherein she had stated that she was the widow of deceased Dr. Parkash Kumar Nandi who died on 19.06.1998 at New Delhi. The deceased was working as Joint Director with respondent no. 1. According to her, she got married with Dr. Parkash Kumar Nandi i.e. deceased on 28.06.1983 at Calagary, Alberta, Canada. Their marriage was duly registered with the office of Registrar of Marriage, Canada. On 09.02.1987, the deceased who at the relevant time was working with Ministry of Information and Broadcasting, made the nomination of his death-cum-retiral benefits in her favour. The deceased had died intestate at Delhi. After his death, she had moved an application before respondent no. 1 for payment of pensionary benefits to her as the sole heir of deceased along with relevant documents i.e. marriage certificate, nomination and other relevant documents. However, the respondent no. 1 had asked her to obtain appropriate order as provided under the Indian Succession Act and accordingly she had filed a petition for the grant of succession certificate in her favour.

(3.) The respondent no. 1 had opposed the said petition by filing a written statement contending therein that the appellant had no locus standi to move the application as she never acquired the status of wife of deceased. It was further contended that as per service record, the deceased was survived by his wife, namely, Chandrima Nandi @ Sarbari Nandi and if at all there was any marriage with the appellant, it was nullity in the eyes of law being a marriage with a man having a living spouse. It was further alleged that as per office record, there was nothing to show that she was his wife nor any such declaration was made by the deceased during his life time.