J. CHELAMESWAR, J.

( 1 ) AGGRIEVED by an order in O. P. No. 798 of 1992 on the file of the learned District Judge, Nellore, dated 5th April, 1995, the respondents therein preferred this appeal under Section 384 of the Indian Succession Act.

( 2 ) THE respondent herein filed the above mentioned O. P. for grant of succession certificate so as to enable her to receive the gold ornaments pledged to the Bank for securing a loan.

( 3 ) THE case of the respondent is that she is the widow of one late Varanasi venugopal Reddy, resident of Nellore. The appellants herein are the brother s children of said Venugopal Reddy. The respondent married the said Venugopal Reddy on 23. 3. 1972. While so, the said Venugopal reddy pledged certain gold ornaments with punjab National Bank, Nellore and State bank of India for obtaining certain loans, the details of which are not necessary for the purpose of this order. The said venugopal Reddy died on 11. 5. 1991 issueless. It is also averred in the petition that the respondent herein paid an amount of Rs. 9,115-30 on 7. 8. 1991 to the Pubjab national Bank, Nellore and an amount of rs. 20,697/- to the State Bank of India, nellore and cleared off both the loans. When she was about to take delivery of the gold ornaments pledged, the appellants herein, it appears, objected the delivery of ornaments to the respondent, claiming that they are also entitled to the said ornaments. It is averred in the petition that on the face of the objection raised by the appellants, the Bank authorities called upon the respondent to furnish the succession certificate empowering her to receive the gold articles. Hence, the-above-mentioned O. P.

( 4 ) THE appellants herein contested the matter. The appellants disputed the claim that the respondent is the widow of venugopal Reddy. They also propounded a registered Will, dated 23. 11. 1989 said to have been executed by the said Venugopal reddy, by which all the moveable and immoveable properties of the said Venugopal reddy are bequeathed in favour of the appellants herein.

( 5 ) THE Trial Court allowed the O. P. and hence, the present appeal.

( 6 ) THE learned Counsel for the appellants, Mr. Narasimha Reddy argued that the succession certificate could be granted only with reference to the debts and securities due to the deceased. The gold ornaments in question, which are pledged to the Bank, are neither a debt nor a security, due to the deceased. On the other hand, it was a security provided by the deceased to the Banks by way of pledge at the time of securing the loans from the abovementioned two Banks. Therefore, under the scheme of indian Succession Act, 1925, a succession certificate should not have been granted in favour of the respondent herein.

( 7 ) HEARD the learned Counsel for the respondent.

( 8 ) THE Indian Succession Act deals with the rules of succession either in testate or testamentary. Various provisions of the act declare that certain parts of the Act, are applicable to certain categories of subjects, which are governed by the Succession Act and the other categories are excluded. For example. Part n, which deals with the rules of domicile, is not applicable in case of the deceased who happened to be a Hindu, mohammadan, Sikh, Buddist or Jain. Similarly, Part IV which deals with consanguinity, has no application to any hindu, Mohammadan, Budhist, Sikh, Jaina or Parsi are concerned. Part V deals with the intestate succession and Section 29 declares that Part V has no application for the succession of property of the deceased Hindu, mohammadan, Buddhist, Sikh or Jain, who died intestate. Part VI deals with the testamentary succession. Section 57 declares that the provisions of Part VI are applicable to Hindu, Buddhist, Sikh or Jain, subject to restrictions and modifications specified in schedule III of the Act. Part VU of the Act deals with the protection of the property of the deceased and this part does not recognize or place any restriction on the applicabilit

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