SHAGUFTA JAN Vs. NASEEMA AKHTER

JUDGEMENT

(1.) The court of learned Principal District Judge, Anantnag had been approached by the respondents herein for issuance of succession certificate on 13.11.2018 in respect of debts and securities of the one Abdul Rashid Shah S/o Gull Mohammad Shah R/o Panzath, Qazigund, who is stated to have died in harness. Objections to this application had been filed by the present appellants, wherein they had stated that respondent No.1 herein namely Naseema Akhter, is divorcee of deceased Abdul Rashid Shah and respondent No.5 herein namely Zohra Rashid is adopted child of late Abdul Rashid Shah, and so both of them do not fall within the category of legal heirs of the said deceased Abdul Rashid Shah and are not entitled for any share out of the estate left behind by the deceased. It is further contended that only appellants and respondent Nos. 2 to 4 herein are the real legal heirs of the deceased Abdul Rashid Shah and are entitled to any amount left behind by the deceased.

(2.) The judgment dated 13.11.2018 passed by the learned Principal District Judge, Anantnag, in terms of which succession certificate was granted, is under challenge in terms of the instant appeal. Learned Principal District Judge, Anantnag, in terms of the impugned order held the appellants and respondent Nos. 1 to 4 as successors of the deceased Abdul Rashid Shah and found them entitled to get the amount left behind by the said deceased and directed to be distributed strictly in accordance with the Personal Law(Shariat).

(3.) The appellants herein through the medium of the instant appeal seek setting aside and quashing of the said judgment dated 13.11.2018 to the extent of granting succession certificate in favour of respondent No.1 namely Naseema Akhter and also the share granted in her favour be directed to be distributed among all the legal heirs of deceased except respondent No.1 and 5, mainly on the ground that the respondent No.1 and 5 herein do not fall within the legal heirs and have no right to claim any share from the debts and securities of the deceased Abdul Rashid Shah. Respondent No.1 is said to be divorcee and respondent No.5 is stated to be adopted child of the said deceased. It is pleaded that the parties being Muslims are governed by the Muslim Personal Law(Shariat) and according to the provisions of the said Law, neither divorcee nor adopted child can be said to be the legal heir of the deceased. It is also prayed that Rs.1.00 lac, which has been granted as funeral expenses of the deceased in favour of the appellants but has been released to the respondents, may be directed to be recovered from the respondents and released in favour of the appellants.