Misc. (S/C) Case No. 24/16
ORDER
18-05-16
This petition u/S 372 of the Indian Succession Act has been filed
by the petitioners, namely, Smti. Upashi Nanda (Nag), Sri Arot Nandam, Sri
Timal Nanda and Sri Ganpat Nanda (petitioner No. 1, 2, 3 & 4 respectively)
praying for grant of Succession Certificate for an amount of Rs. 2,16,950/-
(Rupees Two Lakhs Sixteen Thousand Nine Hundred Fifty) only with interest
thereon in respect of debts and liabilities of deceased Late Binoti Debaroo
(Nanda).
The case of the petitioner is that Late Binoti Debaroo (Nanda) was
the younger sister of the petitioner No. 1 and elder sister of the petitioner No. 2,
3 & 4 who died on 06-05-15 at Kharjan Tea Estate within the jurisdiction of this
Court. It is further stated that the parents of the petitioners was predeceased of
their deceased sister Late Binoti Debaroo (Nanda). During her lifetime, the
deceased Late Binoti Debaroo (Nanda) was a permanent employee of Kharjhan
Tea Estate and she died unmarried on 06-05-15 during her service period.
SCHEDULE
DEBTS
Sl. Name of the Debtor
No.
1
2
The Manager,
Kharjan Tea Estate
The Manager,
Kharjan Tea Estate
Amount
of
Debt
including interest on
the date of application
for certificate
Rs. 1,79,000/-
Description and date of
instrument, if any, by which
the debt is secured.
Provident Fund Payable
Dues
Rs. 37,950/- Gratuity Payable Dues
TOTAL: Rs. 2,16,950/-
(Rupees Two Lakhs Sixteen Thousand Nine Hundred and Fifty) Only
General and special notices were issued and served. None has
appeared to file objection. The petitioners have deposed their evidence in the
form of Affidavit. It is stated that the petitioners are the married sister and
brothers of the deceased Late Binoti Debaroo (Nanda) respectively and petitioner
No. 1, 2 & 3 have no objection if Succession Certificate is granted in favour of
the petitioner No. 4 Sri Ganpat Nanda. The deceased left the petitioners as her
legal heirs.
Seen the original Death Certificate of Late Debaroo Nanda and
Late Aroti Nand vide Ext. 1 & 2, both are father and mother of the deceased and
the petitioners respectively. Also seen the original Death Certificate of the
deceased Late Binoti Debaroo (Nanda) vide Ext. 3 and the Legal Heir Certificate
issued by Sharkari Gaonburah of Dinjan & Muluk Gaon vide Ext. 4. The deceased
made no WILL and no Letter of Administration or Probate is pending in any Court
in respect of estate of the deceased.
On the basis of the arguments and sworn testimony of the PWs, I
am satisfied that the petitioner is entitled to the Succession Certificate as prayed
for.
Issue a Succession Certificate in favour of the petitioner No. 4 Sri
Ganpat Nanda for an amount of Rs. 2,16,950/- (Rupees Two Lakhs Sixteen
Thousand Nine Hundred Fifty) only on payment of requisite Court fee and
execution of an indemnity bond.
Misc. succession case stands disposed off.
District Judge,
Dibrugarh