KUSHA PHUKAN Vs. MAHANANDA SINHA

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel for the appellant. Also heard Mr. D. Dey, learned counsel appearing for the respondents.

(2.) This appeal is directed against the judgment and order dated 12-03-2010 passed by the learned District Judge, Lakhimpur, North Lakhimpur in connection with Misc. (Succession) Case No. 45/2007 filed by the present appeallant as petitioner whereby the prayer for issuance of succession certificate was rejected by the learned court below. The appellant herein, who was the petitioner in Misc. (Succession) Case No. 45/2007, is the brother of Late Amiya Phukan Baruah. Amiya Phukan Baruah had died leaving behind valuable immoveable properties. The deceased sister of the appellant was a Govt. servant and has retired from service under the "Voluntary Retirement Scheme" (VRS) whereby she had received substantial retireal benefits from her employer. The husband of the deceased sister of the petitioner had predeceased her. After the death of her husband late Amiya Phukan Baruah started living with the appellant and ultimately died in his residence. After the death of late Amiya Phukan Baruah, the appellant had instituted the aforesaid succession case under Sec. 372 of the Indian Succession Act, 1925 praying for issuance of a succession certificate with regard to the debt and securities left behind by his sister to the tune of Rs. 3,54,186.65.00. By the impugned judgment and order dated 12-03-2010, the learned District Judge had rejected the prayer of the petitioner by relying upon Sec. 15(1) of the Hindu Succession Act, 1956, inter alia, holding that after the death of Amiya Phukan Baruah even the self acquired property of the deceased would devolve upon the legal heirs of the husband and therefore, the appellant did not have any locus standi to institute the aforesaid proceeding. Aggrieved thereby, the present appeal has been filed.

(3.) A question of similar nature arose for decision before the Honourable Supreme Court in the case of Omprakash & Ors. Vs. Radhacharan & Ors., 2009 15 SCC 66 wherein the Supreme Court had interpreted Sec. 15(1) of the Hindu Succession Act, 1956 and held that even the self acquired properties of the wife would devolve upon the legal heirs of the husband. Following the decision of the Honourable Supreme Court rendered in the case of Omprakash & Ors. (Supra) this Court had also held in the case of Anima Das Vs. Samaresh Majumder, 2018 4 GauLT 689 that the legal heirs of the husband alone would be entitled to claim right over the self acquired property of the deceased wife.