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BHARAT P. DESHPANDE
Papiya Sarkar, Wd/o. Som. Subhra Sarkar – Appellant
Versus
Som Subhra Sarkar (since deceased) S/o. Late Mohit Chandra Sarkar – Respondent
JUDGMENT :
Bharat P. Deshpande, J.
1. Rule. Rule is made returnable forthwith.
2. The matter is taken up for final disposal at the admission stage as it is necessary to decide the question of Forum before whom applications under Section 372 r/w. Section 370 of the Indian Succession Act,1925 would lie for the grant of Certificate of Succession.
3. Heard Mr. Iftikar Agha, learned Counsel appearing for the Petitioners.
4. The application was filed before the learned Civil Judge, Senior Division, Bicholim for grant of Heirship Certificate under the provisions of Indian Succession Act. Though such application was entertained, it was rejected only on the ground that such applications are dealt with by the District Court.
5. Mr. Agha placed some of the orders on record passed by the Civil Court and more specifically in Vasco wherein such applications for grant of Succession Certificate were entertained and disposed of by the Civil Judge Senior Division. He would submit that the provisions of the Indian Succession Act, 1925 are not brought into force in Goa till date and therefore the Forum provided under the said Act for the purpose of grant of Succession Certificate cannot be applied to the Co
Civil Courts in Goa have jurisdiction to grant Succession Certificates under the Indian Succession Act, 1925, despite the trial court's ruling to the contrary.
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
Territorial jurisdiction for granting a succession certificate under the Indian Succession Act, 1925 is determined by the provisions contained under Sections 371 and 372 of the Act.
Succession Certificate – Courts are required to deal with application under Section 372 of Succession Act in a summary manner without asking for strict proof as contemplated under Indian Evidence Act....
The Subordinate Judge had jurisdiction to grant succession certificates, but the validity of marriages must be clearly established to determine legal heirs.
The court upheld the trial court's decision to return the application for lack of jurisdiction, emphasizing the need for reliable evidence of residence for Heirship Certificate claims.
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