LAWS(J&K)-2021-6-41

MOHAMMAD SYED ALLIE Vs. MST ZEEBA

Decided On June 22, 2021
Mohammad Syed Allie Appellant
V/S
Mst Zeeba Respondents

JUDGEMENT

(1.) Aggrieved of Order dated 30th May 2015, passed by Principal District Judge, Anantnag, (for brevity "court below") on a Petition for grant of Succession Certificate, bearing File no.398/2013 titled Hajira v. Zeeba and others, appellants seek its setting aside on the grounds mentioned in the present memo of appeal.

(2.) Heard and considered.

(3.) A petition for grant of Succession Certificate was filed by one Mst Hajira D/o Assadullah Allie R/o Shamsipora, Anantnag (mother of respondents 6 to 14) before the court below. Abovenamed Mst Hajira and Mst Zeeba were found to be real sisters of deceased, Ghulam Mohammad Allie, and petitioners herein were found remoters. According to the court below, brother's son cannot claim inheritance in presence of a brother or sister and consequently, the court below held respondent no.2 and mother of respondents 6 to 14 entitled to the amount in question in equal shares. It is this order of which petitioners are aggrieved.