Court Sets Aside Ex Parte Order After Fraudulent Concealment of Legal Heir
In a significant decision, the Gauhati High Court has set aside an ex parte order that had granted a succession certificate to two petitioners, following allegations of fraudulent concealment. The judgment, delivered by Justice Mridul Kumar Kalita, addresses the wrongful exclusion of a legitimate legal heir in the succession proceedings related to the estate of Late Amarendra Kumar Sarmah.
The case, titled "Punam Kashyap Sarmah v. Karabika Kashyap Sarma," involved the petitioners, Punam Kashyap Sarmah and Preetam Kashyap Sarmah, who are the sons of the deceased. They had secured a succession certificate from the Additional District Judge (FTC-2) in Tinsukia, asserting themselves as the sole heirs. However, they had failed to include their sister, Karabika Kashyap Sarma, as a party in the succession application, misleadingly claiming there were no other legal heirs.
The respondent, Karabika Kashyap Sarma, later challenged this order by filing an application under Order IX Rule 13 of the Code of Civil Procedure, 1908, seeking to set aside the ex parte decision. Her argument, supported by her counsel Mr. G. Khandelia, highlighted the petitioners' fraudulent omission of her rightful claim as a legal heir, thus suppressing material facts from the court.
In response, the petitioners, represented by Mr. K. K. Dey, contended that the respondent should have sought remedy under Section 383 of the Indian Succession Act, 1925, which provides for revocation of succession certificates. They also argued that since the respondent was not initially a party to the proceedings, the question of an ex parte order did not arise.
Despite these arguments, the High Court upheld the setting aside of the succession certificate, citing the precedent set by the Supreme Court in "Deepesh Maheswari v. Renu Maheswari." The court reaffirmed that an application under Order IX Rule 13 is maintainable in such circumstances where a legal heir is not made a party to the proceedings, emphasizing the need for transparency and honesty in succession matters.
The judgment underscores the critical importance of including all legal heirs in succession proceedings to avoid similar disputes and maintain the integrity of judicial processes.
Bottom Line :
Succession Certificate - Fraudulent concealment of existence of legal heir - Application under Order IX Rule 13 CPC maintainable to set aside ex parte order granting succession certificate.
Statutory provision(s):
- Indian Succession Act, 1925 Section 372, 383
- Code of Civil Procedure, 1908 Order IX Rule 13
- Indian Penal Code Section 198
Punam Kashyap Sarmah v. Karabika Kashyap Sarma, (Gauhati) : Law Finder Doc id # 2965098
