IN THE COURT OF THE MUNSIFF, CHARAIDEO, AT SONARI Present: Smti. Arunima Sonowal, Munsiff, Charaideo, Sonari. Misc. (Succ) No.09/15 Smti. Purnima Boruah Changmai W/o Late Tulsi Changmai R/o Napuk Grant P.O- Napuk, P.S- Sonari District- Sivasagar, Assam.........................Petitioner Verses 1. Smti. Swety Changmai 2. Smti. Lakhipriya Changmai Both are daughters of- Late Tulsi Changmai R/o Napuk Grant P.O- Napuk, P.S- Sonari District- Sivasagar, Assam..................................Opposite parties ORDER Date: 20.03.15 This Misc (Succ) case u/s 372 of the Indian Succession Act arises out of the petition filed by the petitioner Smti. Purnima Boruah Changmai, against the opposite parties- Smti. Swety Changmai and Smti. Lakhipriya Changmai, both are daughters of-Late Tulsi ChangmaiR/o Napuk GrantP.O- Napuk, P.S- Sonari, with a prayer for issue of a Succession Certificate in respect of the securities/amounts left by her deceased husband Late Tulsi Changmai, more fully described in the Schedule. The opposite party in spite of duly receiving the notice did not appear. The petitioner in his petition stated that her husband expired on 15.11.2014 at his own residence at Napuk Grant, P.O- Napuk, P.S- Sonari, District- Sivasagar, Assam within the local jurisdiction of this court. At the time of his death; he left behind two daughters and the petitioner as his legal heir. That the deceased was an employee of A.S.E.B, Namrup, Dibrugarh, Assam at the time of his death and had deposited an amount of Rs. 5, 84, 000/- ( five lakhs and eighty-four rupees only) in L.I.C.I, Naharkatia Branch vide policies numbers 442716907, 481617700 and 441177144 described in the schedule That the deceased was governed by the Hindu Succession Act and the petitioner being the wife/ legal heir of the deceased under the said law is entitled to get receive the amount/ securities mentioned in the schedule. That, her deceased husband expired without executing any WILL or probate in respect of the securities or amount mentioned in the Schedule. The petitioner filed this Misc(succ) case for Succession Certificate in order to withdraw the said amounts. Hence the petitioner filed this petition for issuing succession certificate of the said amount as mentioned in the Schedule. I have gone through the case record carefully. Perused the evidence on affidavit, the death certificate of the deceased husband of the petitioner, filed by the petitioner as Exhibit-1. Heard the learned Counsel for the petitioner. Upon consideration of the above facts and circumstances, it appears to me that the petitioner has made out a prima facie case in her favour and that there is not any objection from any corner. It also appears that the petitioner is a fit and proper person who is entitled to get the Succession certificate as prayed for. I find there is no impediments u/s 370 of the Indian Succession Act or any other provision of the said Act or under any enactment to issue Succession Certificate in the name of the petitioner Smti. Purnima Borauh Changmai. Hence the prayer of the petitioner is allowed. Accordingly, Bench Assistant is directed to prepare and issue Succession Certificate in the name of the petitioner in respect of the Scheduled amount left by the deceased Late Tulsi Changmai with a condition that the petitioner shall execute an Indemnity Bond and shall pay the requisite Court fees as per law. And this Misc(Succ) case is thus disposed of exparte. ARUNIMA SONOWAL MUNSIFF CHARAIDEO AT SONARI .