IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO No. 287 of 1999 Date of Decision: January 2, 2006. Master Shameem Akhtar & ors. …Appellants. Versus. General Public .. Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? For the Appellant(s): Mr. Harish Behal, Advocate. For the Respondent(s): Mr. Ramakant Sharma, Advocate, for Respondent No..2. Deepak Gupta, J. (Oral). This appeal under Sectin 384 of the Indian Succession Act is directed against the order of the Additional District Judge, Sirmaur at Nahan in Indian Succession Petition No. 2-N/5 of 1996 decided on 20.5.1998 whereby he has rejected the petition of the present appellants. The brief facts necessary for decision of the case are that late Niam Akhatar was employed in HAFED at Chandigarh. Niam Akhtar was previously married to appellant Sophia Parveen. From this marriage, two children, namely, Master Shameem Akhtar and Kumari Shabnum were born. Thereafter Niam Akhtar got divorced 2 from said Sophia Akhtar and got married to Sharda Begum, from whom another daughter also named Shabnum was born. The deceased also left behind his mother Sahida Begum. A petition was filed on behalf of the widow and two minors from the previous marriage along with their mother Sahida Begum. . Though the petition was rejected, the learned trial Court has gone on to hold that in fact petitioners 1 and 2 being minors and legal heirs of late Niam Akhtar can move a separate application for obtaining succession certificate . This course of action adopted by the learned trial Court, to say the least, makes no sense. If according to the trial Court the application was not maintainable on behalf of the divorced wife, the succession petition could have been dismissed on behalf of Sophia Parveen and could have been allowed on behalf of the minors. In a petition for the grant of succession certificate all the legal heirs of the deceased have to be brought on record and it is for the District Judge to decide, prima facie, who is entitled to the estate of the deceased. The course followed by the learned trial Court was totally incorrect. I have heard learned Shri Harish Behal learned counsel for the appellants and Shri Ramakant Sharma, learned counsel for respondent No.2. From the evidence on record especially the statement of RW1 Sahida Begum, mother of the deceased, it is clear that the deceased 3 Niam Akhtar has left behind five persons who are entitled to inherit his estate in equal shares. Sophia Parveen his previous wife and who was divorced is not entitled to get any share of the estate. Only Master Shameem Akhtar, son and Kumari Shabnum, daughter from the previous marriage, Ms.Sharda Begum his second wife, Ms. Shabnum, daughter from the second marriage and Smt. Sahida Begum, mother of the deceased are entitled to the estate of the deceased in equal shares.. The appeal is allowed and the learned District Judge, is directed to issue the Succession Certificate in the aforesaid terms in accordance with law. The succession certificate shall be issued within two weeks from the date of filing of necessary stamp papers.. January 2, 2006. ( Deepak Gupta ), s. Judge.