SUCCESSION CERTIFICATE | SECTION 370-382 SUCCESSION ACT 1925 | CONTENTS OF APPLICATION | DECEASED | скачать в хорошем качестве

SUCCESSION CERTIFICATE | SECTION 370-382 SUCCESSION ACT 1925 | CONTENTS OF APPLICATION | DECEASED |

SUCCESSION CERTIFICATE RELEVANT PROVISIONS Section 370 to 382 Succession Act 1925 deals with the succession certificate. DEFINITION OF SUCCESSION CERTIFICATE "Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person" OBJECT OF SUCCESSION CERTIFICATE The object of succession certificate is the collection of debts of the deceased JURISDICTION OF THE COURT TO GRANT SUCCESSION CERTIFICATE: SECTION 371: The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the 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, may grant a certificate. GRANT OF SUCCESSION CERTIFICATE ON BEHALF OF MINORS: If a succession certificate has to be granted to a minor then instead of granting him directly it is granted to his guardian. CASE LAW: KRISHNA V/s VENKATA Held: In this case it was held that a succession may be granted to a minor on an application made by his natural guardian. APPLICATION FOR SUCCESSION CERTIFICATE: SECTION 372 Application for the succession certificate shall be made to the District Judge by the petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure 1908 for the signing and verification of a plaint by or on behalf of a plaintiff and setting forth the following particulars namely, (a) Time of death of deceased. (b) Ordinary residence of deceased (c) The property of the deceased with in whose limit. (d) Name of family members or near relatives of deceased. (e) The right in which the petitioner claims. (f) The securities and debt in respect of which the certificate is applied for. IN CASE MORE THAN ONE CLAIMANT In case where more than one person applies for certificate a joint certificate may be granted WHO CAN APPLY FOR SUCCESSION CERTIFICATE Following persons can apply for the succession certificate SOUND MIND PERSON: Any sound mind person can apply for the succession certificate. MAJOR: Any person who has attained the age of majority can apply for the succession certificate. INTEREST IN THE ESTATE: Any person who has interest in the estate of deceased person can apply for the succession certificate. SECRETARY OF STATE: The secretary of state can apply for the succession certificate. BENEFICIAL INTEREST IN THE DEBT OR SECURITY: Any person who has beneficial interest in debt or security of the deceased person. Case Law: Muhammad Usman VIS Kamran Ahmed 1936 Held: in this case it was held that it is open to any one who has beneficial interest to apply for the succession certificate. PROCEDURE ON APPLICATION: SECTION 373 Section 373 of the succession Act, 1925 prescribes the procedure to be followed on the filing of the petition.The procedure on the application for the grant of the succession certificate is as following: SATISFACTION OF DISTRICT JUDGE: For the grant of the succession certificate it is necessary that the District Judge is satisfied that there is ground for entertaining the application. HEARING OF APPLICATION: When the District Judge is satisfied that there is ground for entertaining the application he shall fix a day for the hearing thereof. NOTICE OF THE APPLICATION AND HEARING: After fixing the day. he shall cause notice of the application and of the day fixed for the hearing. PERSON ON WHOM THE NOTICE TO BE SERVED: After fixing the day he shall cause notice of the application and of the day fixed for the hearing to be served on any person to whom, in the opinion of judge, special notice of the application should be given. POSTING OF NOTICE After fixing the day he shall cause notice of the application and of the day fixed for the hearing to be posted on some conspicuous part of the court house in such manner, if any, as the judge subject to any rules made by the High Court in this behalf thinks fit. PUBLICATION OF NOTICE: The District Judge shall also cause to be published the notice in such other manner, if any, as the judge subject to any rules made by the High Court in this behalf, thinks fit DECISION IN SUMMARY MANNER: Upon the day fixed or as soon thereafter as may be practicable shall proceed to decide in a summary manner the right to the certificate. ORDER FOR THE GRANT OF CERTIFICATE: When the Judge decides the right thereto to belong to the applicant, the judge shall make an order for the grant of the certificate. GRANT OF CERTIFICATE TO THE PERSON BEST ENTITLED: If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto. MORE THAN ONE APPLICANT FOR THE CERTIFICATE: