Allowed

On the Death of Abed Ali His Legal Heirs v. the State of Assam and 3 Ors.

Gauhati HC7 Mar 2022I.A.(Civil)/658/2021

Case brief

AI extract

What is this about?

An interlocutory application for substitution of legal heirs was filed in succession proceedings after the original petitioner's death on 06.12.2018. The High Court examined the death certificate and the lack of a legal heir certificate. The respondents did not object.

What did the court decide?

The interlocutory application substituting the legal heirs (Safijan Begum and Ashraf Ali) in place of the deceased petitioner, Md. Abed Ali, is allowed.

On the Death of Abed Ali His Legal Heirs Vs the… — Succession and Inheritance | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010049842021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/658/2021

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ON THE DEATH OF ABED ALI HIS LEGAL HEIRS KAMRUP

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1.1: SAFIJAN BEGUM W/O. LATE ABED ALI R/O. GARIGAON GUWAHATI P.O. AND P.S. JALUKBARI DIST. KAMRUP(m) pin- 781012 1.2: ASHRAF ALI S/O. LATE ABED ALI R/O. GARIGAON GUWAHATI P.O. AND P.S. JALUKBARI DIST. KAMRUP(m) pin- 78101

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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TO BE REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE DEPTT., ASSAM, DISPUR, GHY- 6

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2:THE CHIEF ENGINEER WATER RESOURCE DEPTT. CHANDMARI GHY-3

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3:THE SUPERINTENDING ENGINEER WATER RESOURCE DEPTT. CHANDMARI GHY-3

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Page No.# 2/3

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4:THE EXECUTIVE ENGINEER GUWAHATI EAST WATER RESOURCE DIVISION GHY-

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Advocate for the Petitioner : MS. R BEGUM

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Advocate for the Respondent : SC, WATER RESOURCE

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 07-03-2022

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Heard Ms. R. Begum, learned counsel for the applicants and Mr. S. Chutia, learned Standing Counsel, Water Resources Department.

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This interlocutory application has been filed seeking substitution of the legal heirs of the petitioner, namely, Md. Abed Ali who is stated to have expired on 06.12.2018.

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The learned counsel for the applicants refers to death certificate issued by the competent authority showing the death of the petitioner- Md. Abed Ali on 06.12.2018. The learned counsel for the applicants submits that although the legal heirs certificate could not be obtained in time. Reference was made to the NRC details to project that the deceased Md. Abed Ali’s legal heir i.e. his wife Safijan Begum and his son Ashraf Ali, who are the applicants in the present application.

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Ms. S. Chutia, learned Standing Counsel, Water Resources Department does not object.

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Accordingly, the interlocutory application is allowed. The applicants are

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substituted in place of the petitioner-Md. Abed Ali.

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Registry is to make necessary endorsement and incorporate the names of the applicants in place of the petitioner and list after a week.

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This interlocutory application stands disposed of.

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JUDGE

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Comparing Assistant

On the Death of Abed Ali His Legal Heirs v. the State of Assam and 3 Ors.

Case brief

What is this about?

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On the Death of Abed Ali His Legal Heirs v. the State of Assam and 3 Ors.

Case brief

What is this about?

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What the court decided

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