(1.) These two appeals arise from the order dated 15-1-1993 passed by the District Judge, nalanda at Biharsharif in Succession certificate Case No. 19 of 1991 whereby the learned District Judge has found that the appellants and the objectors were jointly entitled to the grant of Succession Certificate in respect of estate of the deceased Uma Shankar Prasad described in the Schedule of the application for certificate.
(2.) The above order was passed on an application filed by Most. Sohago devi and Most. Radhika Devi @ Vidya devi for issuance of succession certificate with regard to the estate of the deceased Uma Shankar Prasad. The applicants claimed to be the widows of late uma Shankar Prasad. The deceased was a teacher in a Government High School. Two widows of the deceased claimed that they were entitled for succession certificate in respect of the estate of the deceased, in the shape of amount of group Insurance Scheme, G. P. F. and "gratuity totalling Rs. 1,59,000. On geneial notice being published Pratima devi, respondent No. 1 in Misc. Appeal no. 113 of 1993 and appellant in Misc. Appeal No. 443 of 1994 appeared and filed objection petition. She disputed that the applicants were widows of the deceased as such they had no legal right to claim succession certificate.
(3.) Pratima Devi asserted that she was the only legally married wife of the deceased Uma Shankar Prasad. They were married according to Hindu rites and customs in the year 1977 and she was living with the deceased as his only wife till his death. She gave birth to two male and one female child after her marriage. She further claimed that after the marriage she was appointed as nominee by the deceased in respect of his G. P. F. Account, Insurance, etc. She was residing in the house of her husband situated at Ashok Nagar, kankarbagh, Patna and her name was also mutated in respect of the said house as well as with respect to another piece of land in the same locality which were the exclusive property of the deceased.