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1961 Supreme(Pat) 88

N.L.UNTWALIA
Mt. Shyam Sundari Devi – Appellant
Versus
Sarti Devi – Respondent


Judgment

N.L.Untwalia, J.

1. . This is an appeal under Sec.384 of the Indian Succession Act and is directed against the order of the learned District Judge dismissing, in limine, the appellants application for a succession certificate in respect of certain ornaments pledged with the Punjab National Bank at Darbhanga. The application has been dismissed as being not maintainable on the ground that the ornaments pledged cannot be said to be either debts or securities its respect of which a succession certificate can be granted.

2. In my opinion, the view taken by the learned District Judge is correct. Reading the relevant provisions of the Succession Act especially sections 370 to 381 there does not seem to me any scope for doubt that succession certificate can be asked for and granted only in respect of debts and securities and not for any other kind of property. The ornaments were pledged by the deceased with the Bank by way of security for the debt which the Bank had advanced. It seems, the appellants are ready to pay off that debt and take back the pledged articles. Therefore, the debt in question is not a debt due from the Bank in respect of which a succession certificate is asked

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