LAWS(GAU)-2020-1-115

AMOLA SAIKIA Vs. PANKAJIT NARAYAN KONWAR

Decided On January 23, 2020
Amola Saikia Appellant
V/S
Pankajit Narayan Konwar Respondents

JUDGEMENT

(1.) Heard Mr. R. Singha, learned counsel for the appellants and Mr. A.U. Upadhyay, learned counsel for the respondent.

(2.) The respondent filed an application under Section 372 of the Indian Succession Act for grant of a succession certificate in respect of certain properties left behind by his deceased wife namely Nilakshi Saikia, who died issueless on 04.12.2010. The claim of the husband was allowed by the judgment dated 10.06.2015 in Misc (S/C) Case No.56/2011 in the Court of the learned Additional District Judge, FTC, Darrang, Mangaldoi. The appellants herein, had contested the proceedings under Section 372 of the Indian Succession Act before the learned Additional District Judge, FTC, Darrang, Mangaldoi claiming that they respectively are the mother, sisters and brother of the deceased Nilakshi Saikia and therefore, they also have a share in the properties left behind by the deceased. The claim of the appellants stood rejected by the learned Additional District Judge, FTC, Darrang, Mangaldoi by relying upon the provisions of Section 15 of the Hindu Succession Act, 1956. Being aggrieved, the present appeal has been preferred.

(3.) It is stated that during the pendency of the appeal, the appellant No.1 Amola Saikia, who was the mother of deceased Nilakshi Saikia died. Consequently, the appeal stands abated in respect of the appellant Amola Saikia. In the circumstance, the only question to be decided is whether as per the category of heirs provided in Section 15 of the Hindu Succession Act, 1956, it is the husband of the deceased female Hindu dying intestate who will be entitled to her properties or the mother and the brothers and sisters of the deceased female Hindu would also be entitled to a share of the property. Section 15 of the Hindu Succession Act, 1956 is as follows:-