12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?

Home Law Web Search Engine Privacy Policy - Law Web Disclaimer Terms of Use

Friday, 13 February 2015

1. Criminal Defense Lawyers
Whether succession certificate can be granted in respect of
immovable property? 2. Best Criminal Lawyers

3. Ask a Lawyer

4. Top Divorce Lawyers

5. 10 Best Lawyers

Thoughts

Join Our Newsletter

* indicates required
Indian Succession Act, 1925 - Part X - Issue of Email Address *
succession certificate - Application only in
respect of debts and securities. Secs. 192 to
207 of the Act - Intended to curb interlopers - Subscribe
Grant of succession certificate in respect of
immovable property declined.
Like us On Facebook

Held: The deeming provision under Section 30 of

the Act is for considering the circumstances under
which a deceased person could be said to have died
intestate. Section 192 to 207 are mainly intended to
curb interlopers from meddling with the property of
the deceased and are in the nature of summary
procedure which is subject to the right of either
party to bring a regular suit as saved by Sec. 208 of
the Act. Thus the court below was perfectly justified
http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 1/7
12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?

in declining to grant a succession certificate in Law Web

respect of the immovable property described in the 54K likes

II Schedule of the O.P.

Kerala High Court
Like Page
Vishalakshi vs Bank Of India on 6 April, 2006
Equivalent citations: AIR 2006 Ker 255, 2006 (2) 89 friends like this

KLT 488

Bench: K Denesan, V Ramkumar

Follow us On Twitter

1. In this appeal filed under Section 384 of the Indian @LawWeb1

Succession Act, 1925 the petitioner who is the sole legal heir
and successor of deceased P.K. Hymavathy, challenges the
Connect Us On LinkedIn

order dated 14-10-7005 passed by the Subordinate Judge,

Ernakulam in Succession O.P. 20/05. The said original
petition was filed under Sections 371 and 372 of the Indian
Succession Act praying for a succession certificate in respect
of certain bank deposits totaling to Rs. 1,95,695.73 and in
respect of 6 cents of landed property with a building
thereon. Even though the court below as per the impugned
order held that the appellant is the sole legal heir of the said
Hymavathy who died intestate on 29-1-2004 and allowed Follow Us On Google +

the original petition granting a succession certificate in

respect of the bank deposits which were detailed in
Schedule I of the Original Petition, that court disallowed
relief in respect of the immovable property described in I
schedule to the said original petition. It is aggrieved by that
part of the impugned order which has declined to grant a
succession certificate in respect of the immovable property
that the appellant has preferred this appeal.
2. We heard Adv. Sri.P.K. Ibrahim, the learned Counsel Law Web
google.com/+LawWebin1
appearing for the appellant. Assailing the impugned order
Law web is very essential for law students,
the learned Counsel for the appellant submitted that professors, learned Advocates and Judges to k…

Sections 30 and 192 of the Indian Succession Act will Follow

indicate that a succession certificate can be granted in

respect of immovable properties as well.
3. We are afraid that we find ourselves unable to agree with Poll Of The Month

the above submissions. The fact that the appellant is the sole Should Arbitration be made mandatory
legal heir and successor of P.K. Hymavathi who died prior to litigation?

intestate on 29-1-2004 is beyond the pale of controversy.

Yes
Ext. A2 is the death certificate pertaining to Hymavathi. Her
husband Karunakaran had predeceased her as evidenced by No

Ext. A1 death certificate. Part X of the Indian Succession Can't Say

Act, 1925 (hereinafter referred to as "the Act" for short)
starting from Sections 370 to 390, deals with succession Vote

certificate. Sub-section 1 of Section 370 reads as follows: View Results Polldaddy.com

370: Restriction on grant of certificates under this Part: (1)
A succession certificate (hereinafter in this Part referred to
as a certificate) shall not be granted under this Part with Popular Posts

respect to any debt or security to which a right is required Whether Advocate can be prosecuted
for giving wrong search report to
by Section 212 or Section 213 to be established by letters of bank?
After hearing learned counsel for the
administration or probate: parties and perusing the record of the
case alongwith the factual report
submitted by the learned...

http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 2/7
12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?

Provided that nothing contained in this section shall be What is basic concept of good
defence in summary suit?
deemed to prevent the grant of a certificate to any person Under Rule 6 of Chapter XIIIA of the
Original Side Rules of this Court,
claiming to be entitled to the effects of a deceased Indian upon an application of the plaintiff
made under Rule 3 for final...
Christian, or to any part thereof, with respect to any debt or
Whether written statement verified by one defendant
security, by reason that a right thereto can be established by is binding on all defendants?
As per Order 6, Rule 14 of the Civil Procedure Code
letters of administration under this Act. (CPC), inter alia, every pleading shall be signed by
the party and his pleader where...
4. A reading of Sections 370 and 372 of the Act, particularly,
Clause (f) of Sub-section (1) of Section 372 of the Act, will Historic Judgment on restitution of
conjugal right against wife who was
show that a succession certificate can be applied for only in married she was child
It is a misnomer to call this a suit for
respect of debts and securities. The expression "Debt" has the restitution of conjugal rights.
When a married couple, after
not been defined under the Act. The said expression has not cohabitation separate and live...

been defined under the General Clauses Act as well. If so, When husband can claim
maintenance from wife?
one has to go by the ordinary meaning of the said A husband seeking maintenance
from the wife can be treated only as
expression. A debt means any pecuniary liability whether exceptional case as normally he has
got the liability or oblig...
payable in presenti or in future to another in return for
money, services, goods or any other obligation . A debt is Followers
also property in the form of a chose in action and is Followers (382) Next
heritable and assignable as understood in law. In the case of
securities Sub-section 2 of Section 370 of the Act
enumerates the various securities envisaged by the section.
They are as under:
(a) any promissory note, debenture, stock or other security Follow
of the Central Government or of a State Government;
(b) any bond, debenture, or annuity charged by Act of
Parliament (of the United Kingdom) on the revenues of
India;
(c) any stock or debenture of, or share in, a company or
other incorporated institution:
(d) any debenture or other security for money issued by, or
on behalf of, a local authority;
(e) any other security which the (State Government) may, by
notification in the Official Gazette, declare to be a security
for the purposes of this Part.
The fact that a succession certificate can be issued only in
respect of a debt or security is further reinforced from the
wording of Sub-section (3) of Section 372 which clarifies
that an application for a succession certificate can be made
in respect of any debt or debts due to a deceased creditor or
in respect of portions there of. Section 376 of the Act makes
provision for the grant of extension of succession certificate
to any additional debt or security. Section 377 of the Act
says that the certificate as well as extension of certificate
shall be in the forms set forth in Schedule VIII of the Act.
The said Forms read as follows:
FORMS OF CERTIFICATE AND EXTENDED
CERTIFICATE In the Court of To A.B.
Whereas you applied on the...day of...for a certificate under
Part X of the Indian Succession Act, 1925, in respect of the
following debts and securities, namely:
DEBTS Serial no. Name of debtor Amount of debts,
Description and including interest, date of instrument on
the date of if any, by which the application for certificate
debt is secured SECURITIES Serial No. Description Market
valueof Distinguishing Name,titleor Amount of par security
on date Security number or letter of class of security valueof
of of application security for certificate This certificate is
http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 3/7
12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?

accordingly granted to you and empowers you to collect

those debts and to receive interest on dividends to negotiate
to transfer those securities.

Dated this day of

District Judge
In the Court of

On the application of A.B. made to me on the day of....I

hereby extend the certificate to

the following debts and securities, namely:

DEBTS
Serial no. Name of debtor Amount of debt,
Description and the
including interest,
date of instrument,
on the date of
if any, by which the
application for extension
debt is secured

SECURITIES
Serial No. Description
Distinguishing Name, title or
Amount of par Market valueof
Security number or letter of class of value
security ondate
security security
of application

for extension

This extension empowers A.B. to collect those debts and to

receive interest on dividends to negotiate to transfer those
securities:
Dated this....
day of....
...District Judge.
By virtue of Section 380 of the Act, a succession certificate
granted under Part X of the Act shall have effect throughout
India. The effect of issuing a Succession Certificate is that it
will afford full indemnity to all persons owing the debts or
liable on the securities specified in the certificate as regards
all payments made or dealings had in good faith in respect
of such debts or securities or with the grantee of the
Succession Certificate. (Vide Section 381), A Succession
Certificate issued under Part X of the Act is liable to be
revoked for any of the following grounds:

http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 4/7
12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?

a) that the proceedings to obtain the certificate were

defective in substance.
b) that the certificate was obtained fraudulently by the
making of a false suggestion, or by the concealment from
the Court of something material to the case;
c) that the certificate was obtained by means of an untrue
allegation of a fact essential in point of law to justify the
grant thereof, though such allegation was made in ignorance
or inadvertently;
d) that the certificate has become useless and inoperative
through circumstances;
e) that a decree or order made by a competent Court in a
suit or other proceedings with respect to effects comprising
debts or securities specified in the certificate renders if
proper that the certificate should be revoked. (Vide Section
383 of the Act)
5. Section 371 of the Act gives an indication regarding the
court having a jurisdiction to grant succession certificate. It
is the District Judge within whose jurisdiction the deceased
ordinarily resided at the time of his death or if at that time
he had no fixed place of residence, the District Judge within
whose jurisdiction any part of the property of the deceased
may be found, who is empowered to issue a Succession
Certificate. Section 388 of the Act confers power on the
State government to invest any inferior court with the power
to exercise the functions of a District Judge. In exercise of
the said power the State of Kerala in the Home Department
has issued the following notification dated 31-1-1958:

Home (C) Department

Notifications
I
(i)
C.NO. 29988/57/HD. Dated,
Trivandrum, 31st January 1958

In exercise of the powers conferred by Sub-section (ql) of

Section 388 of the Indian Succession Act, 1925 (Act XXXIX
of 1925), and in supersession of all previous notifications
investing courts of subordinate judges with power to
exercise the functions of a District Judge under Part X of the
said Act, the Government of Kerala hereby invest all courts
of subordinate Judges in the State with power to exercise
the functions of a District Judge under Part X of the Act
within the local limits of their respective jurisdiction.
(ii) In exercise of the powers conferred by Sub-section (21)
of Section 388 of the Indian Succession Act, 1925 (Act
XXXIX of 1925) and in supersession of all previous
notifications investing courts of Munsiffs with power to
exercise the functions of a District Judge under Part X of the
Act, the Government of Kerala hereby invest all courts of

http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 5/7
12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?

Munsiffs in the State with power to exercise the functions of

a District Judge under Part X of the Act within the local
limits of their respective jurisdiction.
By order of the Governor, N.E.S. Raghavachari, Chief
Secretary After the said notification, both the Munsiffs
courts as well as the Sub Courts in the State have concurrent
jurisdiction to issue Succession Certificate.
6. As in the case of probate or letters of administration (vide
Francis v Antony 1991 (1) KLT 62 there is no limitation for
approaching the court for the grant of a Succession
Certificate. (See Janaki v. Kesavalu - ILR 8 Madras 207). If a
Succession Certificate has been issued to a person not
entitled to the same, it can be revoked under Section 383 (e)
of the Act. Sections 30 and 192 of the Act on which reliance
was placed by the learned Counsel for the appellant, do not
support the view canvassed by him. The deeming provision
under Section 30 of the Act is for considering the
circumstances under which a deceased person could be said
to have died intestate. Section 192 to 207 are mainly
intended to curb interlopers from meddling with the
property of the deceased and are in the nature of summary
procedure which is subject to the right of either party to
bring a regular suit as saved by Section 208 of the Act.
7. Thus the court below was perfectly justified in declining
to grant a succession certificate in respect of the immovable
property described in the II Schedule of the O.P. We see no
reason to interfere with the order passed by the Subordinate
Judge.
The result of the forgoing discussion is that this appeal
which is bereft of any merit is liable to be dismissed and we
do so. However, in the facts and circumstances of the case,
there shall be no order as to costs.

Print Page

You might also like:

Whether succession certificate can be granted in contravention of Nomination?
Whether court can decide contested questions of title to property in case for succession certificate?
Whether validity of Marriage can be challenged in proceeding for succession certificate?
When succession certificate can not be declared as invalid on ground of territorial Jurisdiction?
Linkwithin

at 17:30

Labels: immovable property, Indian succession Act, kerala high court, succession certificate

1 comment:

Nilesh M. Ghadi 13 June 2016 at 10:43

No, It is in the case of moveable assets / property like cash, share certificates etc.. and Letter of Administration
in case of immovable property...but generally speaking everybody called it as a succession certificate ...!

http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 6/7
12/01/2018 Law Web: Whether succession certificate can be granted in respect of immovable property?
Reply

Enter your comment...

Comment as: Google Accoun

Publish Preview

Newer Post Home Older Post

Subscribe to: Post Comments (Atom)

Powered by Blogger.

http://www.lawweb.in/2015/02/whether-succession-certificate-can-be_13.html 7/7