NOOR NAHAR BEGUM Vs. ABDUL KHALEQUE

JUDGEMENT

(1.) This appeal understandably under Section 299 of the Indian Succession Act, 1925, is directed against the judgment and order dated 24.01.2007 passed by the learned District Judge, Tinsukia, in Misc. Succession Case No. 90 of 2005. Present appellant as petitioner instituted Misc. Succession Case No. 90 of 2005 on 31.03.2003 claiming that her deceased husband Abdul Mazid has expired on 10.11.2002 at Central Hospital, N.E. Coal Field, Margherita. He was a permanent resident of Makrani Line (Road Gaon) at Ledo in the same district. He was a permanent employee of North Eastern Coal filed and was posted at Ledo Colliery. At the time of his death he left behind the petitioner and a daughter Hasina Bagum aged about 23 years. He did not execute any will during his life time and so she is the legal heir with regard to the property left behind by the deceased. She prayed that a succession certificate be issued with respect to the debts and securities amounting to Rs. 1,66,640/, described in annexures to the petition.

(2.) One Abdul Khaleque filed objection against the succession certificate petition and denied not only the date and place of death of Abdul Mazid but also said that the petitioner was the widow of late Abdul Gaffar and not of Abdul Mazid. He stated that Abdul Mazid at the time of his death left behind his five legal heirs. In Paragraph-13 of the objection he further stated that Abdul Gaffar was son of late Saleh Mohammad and the persons mentioned in Paragraph-8 of the written statement are children of the petitioner Noor Nahar Begum and Abdul Gaffar. He stated that Abdul Gaffar and Abdul Mazid were related to each other. Abdul Gaffor died on 04.12.1996 and there was a Succession Certificate proceeding thereafter. He denied that Hasina Begum was daughter of Abdul Mazid.

(3.) The parties led evidence. Petitioner Noor Nahar Begum examined herself as sole P.W. 1 and exhibited kabinnama as Exhibit-1, certificate of Masjid Committee as Exhibit-2 and death certificate of Abdul Mazid as Exhibit-3. In course of her deposition she admitted that she was originally a wife of Abdul Gaffar and after death of her husband Abdul Gaffar she was remarried to Abdul Mazid on 10.02.2000.