MECILDA LYNGDOH Vs. JACINTA JYRWA

JUDGEMENT

(1.) This Appeal has been filed under Sec. 384 of the Indian Succession Act, 1925, for setting aside and quashing the order dtd. 6/8/2021, passed by the learned Judge, District Council Court, in Succession Case No. 174 of 2012, granting a Succession Certificate in favour of the respondent No. 1, with regard to the debts and securities left behind by the appellant late husband namely Francis Wahlang.

(2.) The appellant is stated to be the legally wedded wife of (L) Francis Wahlang, who were married on 28/11/1983, under the Christian Marriage Act, but however, there were no children born out of the wedlock. On the death of (L) Francis Wahlang, the appellant had approached the office of the Bharat Sanchar Nigam Limited (BSNL), where the deceased was working, to claim the debts and securities left behind by her late husband, and was instructed to obtain a Succession Certificate as there were other claimants. The appellant then came to learn that the respondent No. 1, had already obtained a Succession Certificate from the learned Court below vide order dtd. 6/12/2012, with regard to the debts and securities left behind by her deceased husband.

(3.) The appellant then applied for revocation of the Succession Certificate issued to the respondent No. 1, whereafter the Court below by order dtd. 17/5/2013, was pleased to stay the operation of the Succession Certificate issued to the respondent No. 1. Thereafter, the respondent No. 2, who claimed to be the sister of the deceased also filed an application for revocation of the Succession Certificate, on the ground that the same had been fraudulently obtained. The matter then proceeded for trial and issues were framed, witnesses examined, and hearing was concluded. Thereafter by order dtd. 6/8/2021, the revocation petition filed by the appellant was rejected and the Succession Certificate granted in favour of the respondent No. 1 vide order dtd. 6/12/2012, upheld.