The specific scope of a succession certificate and the need to seek proper remedy for grievances regarding family property.

Petitioners herein are the siblings of the deceased 1st Vittappa @ Vithal Buddar @ Medar – husband of the respondent. Said Vittappa @ Vithal Buddar was a retired lecturer and the couple had no issues. Upon his death on 09.02.2015, the 1st respondent filed a petition in P & SC No.11/2015 under Section 372 of Indian Succession Act before the jurisdictional Senior Civil Judge Court. After following due procedure, the learned Court below allowed the petition and Succession Certificate was granted in respect of the amount of Rs.19,372/lying in SBI Treasury Branch Vijayapura in A/c No.30296077754 and to receive the family pension service benefits of the deceased, she being the legally wedded wife of the deceased.

2. The petitioners herein filed a petition in Civil Misc.Appl.No.3/2016 before the Senior Civil Judge Court under Section 383 of Indian Succession Act for revocation of the order passed in P & S.C.No.11/2015. The grievance of the petitioners before the court below is that, in the guise of the succession certificate issued in her favour by the Probate Court, the 1st Respondent is laying her hand in respect of the family property both movable and immovable. Though at the first instance stay was ordered against the first respondent herein/wife of the deceased, subsequently, on her appearance, said order is vacated. Aggrieved petitioners are before this Court with various grounds.

3. As could be seen from the Succession Certificate issued in favour of the 1st respondent, it is only in respect of cash amount of Rs.19,372/- lying in S.B. Account of the deceased and also the family pension consequent upon the death of her husband who was a retired government employee.

4. The petitioners are not disputing the relationship of the 1st respondent with deceased Vittappa @ Vithal Buddar @ Medar. It is also not there case that the Succession Certificate is obtained by suppressing any material fact. Their grievance that the succession certificate is being misappropriated by the first respondent to knock off the cash amount belonging to the Hindu Joint Family of the petitioners is not a ground for them to seek stay of the Succession Certificate issued in the name of the 1st respondent. The petitioners have to work out for remedy before proper forum, if they have any grievance against the 1st respondent.

With these observations, the petitions stand rejected.