PUTULI BEGUM Vs. REHANA BEGUM

JUDGEMENT

(1.) CHALLENGE in this appeal is made under Section 384 of the Indian Succession Act, 1925 against the order dated 15.07.2006 passed in Succession Revocation Misc. (J) Case No. 2 of 2002 whereby and whereunder the learned Ad -hoc Additional District Judge, Guwahati has revoked the Succession Certificate being No. 138 of 1999 issued in favour of the appellants on 11.05.1999 in S.C. Case No.167/1999 on the application filed by the respondent herein under Section 383 of the Indian Succession Act, 1925 (in short 'the Act' only).

(2.) THE material facts leading to the issuance of Succession Certificate and its revocation made subsequently is summarized hereinbelow: - The appellants herein had applied for issuance of Succession Certificate in the Court of District Judge, Guwahati on the demise of her husband Kutub Ali in respect of the receivable assets. Kutub Ali expired on 24.12.1997 leaving behind the appellants who was a Government servant in Brahmaputra Flood Control Board at Guwahati and accordingly the learned District Judge issued a Succession Certificate on 11.05.1999 in the Succession Case No. 167/1999 in respect of GPF, revised arrear pay, leave salary and revised gratuity amounting to Rs.37,973/ - in total.

(3.) THE said application for revocation of Succession Certificate was numbered and registered as Misc. (J) Case No. 2 of 2002. The case however was transferred to the Court of Ad -hoc Additional District Judge, Kamrup at Guwahati for final adjudication and the respondent herein has also filed an application for granting Succession Certificate in her name which was registered as S.C. Case No. 167 of 1999.