Mrs. Haseena Begum and Others vs Nil

B. Manohar

This petition is filed u/s 372 read with Section 300 of the Indian Succession Act seeking for issue of succession certificate.

The 1st petitioner is the wife and petitioners No. 2 to 8 are the children, of the deceased Nizamuddin Salim Pasha. The deceased, Nizamuddin Salim Pasha was working as a driver at Othaman A Al-Usaimi, Dammam 31411, Kingdom of Saudi Arabia. He died in a road traffic accident occurred on 20.7.2008. Annexure-A, the death certificate, clearly discloses that he died due to road accident. The Embassy of India has also issued a certificate regarding the death of Nizamuddin Salim Pasha.

The petition was admitted on 23.08.2011 and citations were ordered in English and Kannada Daily News Papers in ''THE HINDU'' and ''UDAYAVANI'' in Bangalore Edition. Accordingly the petitioners have taken out the citations in English and Kannada Daily News Papers, THE HINDU and ''UDAYAVANI'' on 30.06.2011 respectively and the copies of the same are furnished along with memo dated 02.07.2011. Pursuant to the citations, no objections have been received.

Heard the learned counsel for the petitioners, perused the records and also perused the affidavit of assets furnished along with the petition. The petitioners No. 1 to 8 are only the legal representatives of the deceased and entitled to succeed the estate of the deceased, Nizamuddin Salim Pasha. The petitioners have made out a case for issue of succession certificate. In my opinion, there is no impediment to grant of succession certificate in the name of the 1st petitioner, Smt. Haseena Begum.

Accordingly, the petition is allowed. Registry is hereby directed to issue succession certificate in favour of the 1st petitioner if sufficient Court fee is paid.