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IN THE COURT OF THE ADDITIONAL DISTRICT JUDGE AT . Present : Smt. Poli Kataki, AJS. Addl. District Judge, Jorhat

JUDGMENT IN MISC (SUCCESSION) CASE NO.53 OF 2018 1. Smt. Renu Borah Wife of Late Prafulla Borah R/O Mohimabari gaon, Titabor Kharikatia Mouza P.O. Mohimabari, P.S. Titabor District- Jorhat, . …. Applicant -Versus- 1. Smt. Borasha Borah @ Barsharani Borah, Daughter of Late Prafulla Bora and Wife of Sri Sanjib Kr. Saikia R/O Jalukgaon, Amguri Sivasagar P.O. Jalukgaon, Amguri P.S. Amguri, Sivasagar Pin-785680 Pin- 785602 2. Sri Debankur Borah S/O Late Prafulla Borah (being minor represented by his Mother Smt. Renu Borah, i.e. the applicant) R/O Mohimabari Gaon, Titabor P.O. – Mohimabari, P.S. Titabor District- Jorhat, Assam. ... Non-applicants.

Date of hearing: 19.07.2019 Date of Judgment: 22.07.2019 APPEARANCE: For the applicant : Sri Atanu Borah, learned Advocate. For the non-applicants – : None.

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1] This Misc(Succession) case has been preferred by Smt. Renu Borah under section 372 of the Indian Succession Act, 1925 praying for grant of succession certificate in her favour to collect the debts/dues etc of her deceased husband Late Prafulla Borah.

2] It is stated that Late Prafulla Borah, son of Late Nomal Borah died intestate on 25.1.18 at Mohimabari Gaon, under Amguri Kharikatia Mouza, P.O. Mohimabari, district Jorhat, Assam. It is stated that at the time of his death late Prafulla Borah left behind the applicant Renu Borah (wife) and the daughter and son namely Smt. Borasha Borah @ Barsharani Borah and Sri Debankur Borah who are the non-applicants No.1 and 2 respectively. It is further stated that the parents of Late Prafulla Borah namely Late Nomal Borah (father) and Late Golapi Borah(mother) expired long ago prior to the death of Late Prafulla Borah. The applicant is the wife of Late Prafulla Borah. The deceased and his ancestral are Hindu by religion and governed by Hindu Succession Act in the matter of succession and inheritance. The applicant has filed this Misc.(Succession) case with a prayer to grant succession certificate in her favor in respect of deposit amount in Saving Deposit account of United Bank of , Titabor Branch bearing account No.0029010122059 as specifically mentioned in schedule to the petition.

3] Notices were issued in accordance with law and the self returned served with report. O.P. No.1 submitted affidavit dated 29.10.18 stating that she is one of the legal heirs of Late Prafulla Borah, the applicant Smt. Renu Borah is her mother and she has no objection if succession certificate is granted in favor of her mother to collect/withdraw the debts/security of her deceased father Prafulla Borah. Similarly on 27.2.19 affidavit was filed by OP No.2 stating that he is one of the legal heirs of deceased Prafulla Borah, applicant Smt. Renu Borah is his mother and he has no objection if succession certificate is granted by the Court to collect/withdraw the debts/security of his deceased father Prafulla Borah.

4] Thus both the OP No.1 and2 submitted affidavit in support of the applicant. The Applicant Smt. Renu Borah examined herself as PW.1 and exhibited the death certificate of Prafulla Borah as Ext.1, Class-X (HSLC) admit card of OP no.2 as Ext.2, Next Kin Certificate as Ext.3 , Bank pass book of Late Prafulla Borah as Ext.4. P a g e | 3

6] I have heard the learned counsel for the applicant and perused the evidence on record. Smt. Renu Borah who is the applicant of this case stated that her husband died on 15.1.18. she exhibited the death certificate as Extd.1. she stated that her husband was an employee of Veterinary and Animal Husbandry, Govt. of Assam and was serving at Jorhat. During her life time her deceased husband namely Prafulla Borah deposited amount in Savings account of United Bank of India, Titabor Branch bearing account No.0029010122059 and she may be granted succession certificate for withdrawing the said amount.

7. Supporting the case of the applicant, OP No.1 and 2 has filed affidavit dated 29.10.2018 and 27.2.19. I have carefully gone through the evidence of the applicant and also perused the affidavits filed by OP No.1 and OP No.2 and perused the documents exhibited by the applicant side. Ext.1 shows that Late Prafulla Borah died on 25.1.18. The next Kin certificate is exhibited as Ext.3 which shows that the applicant is the wife of Late Prafulla Borah and Non- applicants No.1 and 2 are the daughter and son of Late Prafulla Borah. Exhibit 4 is the Bank Pass Book of Late Prafulla Borah which shows an amount of Rs.6,72,680.75 paise standing in the name of deceased Prafulla Borah in United Bank of India, Titabor Branch in Savings Account No.0029010122059. It is revealed from the deposition of the applicant and the Ops that the deceased Prafulla Borah did not execute any will or letter of administration in respect of the debts and security mentioned in the schedule. No previous succession certificate was issued for the said amount

8. Considering the aforesaid facts and circumstances, I find that at this stage there is no legal impediment to grant succession certificate to the applicant for the reasons as stated above it can be held that applicant has been successful in establishing that she is entitled to get succession certificate in her favor in respect of the deposited amount in Savings Account No. 0029010122059 as mentioned in schedule to the application. Therefore, succession certificate as prayed for in respect of Rs.6,72,680.75 Paise as mentioned in the schedule of the petition may be granted to the applicant Smt. Renu Borah, who is the wife and Class-1 heir of deceased Prafulla Borah, subject to payment of requisite Court Fees.

9. This Misc. Succession Certificate is disposed of accordingly. P a g e | 4

Given under my hand and seal of this court on this the 22nd day of July, 2019.

Addl. District Judge, Jorhat.

Transcribed and typed by:-

Sri Lalit Hazarika, Stenographer Grade-I.