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Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): B. P. Singh, Altamas Kabir , JJ

Succession Act (39 of 1925) , S.373— Succession certificate - Appellant and respondent both claiming to be real brother and sister of husband of deceased - Plea by respondent that their father had married twice and while appellant was step brother she was real sister of husband of deceased - Witnesses produced by respondent to prove second marriage of her father, were not even born at that time - Headman of village examined by respondent found unreliable as he had issued certificate unsupported by any material - Fact that in letters written by sons of respondent, appellant is addressed as 'Mama' - Not sufficient to conclude that respondent was sister of appellant and it being admitted case that appellant is not real brother of respondent he must be her step brother - Order granting certificate to respondent liable to be set aside. 2002 (1) BLJR 419 and L P A Nos. 304 and 310 of 2002, D/- 22-1-2003 (Pat), Reversed. (Para 9 10 12 13 14) .....