SHIV CHARAN MAJHI Vs. RADHA BAI

JUDGEMENT

(1.) The applicants are the brothers of the deceased and have filed the instant appeal assailing the order No.20 dated 29th April, 2021 passed by the Civil Judge (Senior Division)/District Delegate, Andaman and Nicobar Islands in M.J. Case No.6 of 2018 by which the succession certificate was granted in favour of one Radha Bai. The aforesaid applicant, Radha Bai applied for succession certificate as widow of one late Sachindra Manjhi who died on 15th January, 2013 in respect of his service benefits as he was employed in the office of the Executive Engineer, Electricity Department, Middle Andaman. The aforesaid application was taken out under sec. 372 of the Indian Succession Act and apart from the special notice, general notice was also published in the newspapers widely circulated in the islands. The proceeding thereafter was taken up ex parte and on the basis of the materials produced before the learned Court the succession certificate was granted in her favour.

(2.) The present application is taken out by the brothers of the said deceased solely on the ground that the said Radha Bai was not a legally wedded wife of the deceased as he had surviving wife residing in the mainland. In other words, it is sought to be contended that the deceased married a lady who is residing in the mainland and such marriage was not severed by a decree of divorce. The application for leave to file appeal under sec. 384 of the said Act has been taken out solely on such ground.

(3.) It is no doubt true that sec. 372 of the Act requires requisite particulars to be disclosed in an application for certificate made before the District Judge and one of such condition under clause (c) of sub- sec. (1) of the aforesaid sec. requires disclosure of the family or other near relatives of the deceased or their respective residences.