A Deputy Collector lacks jurisdiction to issue a succession certificate for terminal benefits under the Indian Succession Act; claimants must seek relief through a competent civil court.

Order :

1. The petitioners have filed this petition seeking following relief(s) :

“10.1 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ (s), Order (s), Direction (S), by quashing the succession certificate dated 26.06.2014 (Annexure P/1) and the entire proceeding (Annexure P/2) passed in Revenue Case No. 2359/177/B- 121/2013-14, by the respondents no. 2 to 4 and to issue a suitable writ in the nature of prohibition for preventing an order or decision being made which if made would be subject to certiorari.

10.2 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ (s), Order (s), Direction (S), by commanding the respondent no. 6 for registering the F.I.R. against the respondent no. 5 for the act of withdrawing the service benefit of deceased Kumari Shamshad Begum from the service account disbursed in the name of provident fund, gratuity and pension etc.

10.3 That, this Hon'ble Court may kindly be pleased to call the entire records from the court below for its kind perusal.

10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”

2. The facts in brief are that Kumari Shamshad Begum was Upper Division Teacher at Government Middle School Rehangi, Tehsil Bilha, District Bilaspur (C.G.). She died on 06.02.2013. The petitioners are her biological brothers, whereas, respondent No.5 has represented herself daughter of the deceased Kumari Shamshad Begum. After death of Kumari Shamshad Begum, there was a dispute with regard to her terminal benefits. An application for grant of succession certificate was filed by respondent No.5 according to the provisions of Section 372 of the Indian Succession Act, 1925 (for short ‘the Act of 1925’) before the competent Court and at the same time, an application was moved before the Collector, Bilaspur for issuance of succession certificate for entitlement of service benefits. The Additional Collector vide order dated 17-26.06.2014 granted a certificate in favour of respondent No.5 and declared her sole legal heir of Kumari Shamshad Begum. Respondent No.5 collected the service benefits of late Kumari Shamshad Begum pursuant to succession certificate issued by the Deputy Collector dated 17-26.06.2014 and against said order, this petition has been preferred.

3. Mr. Khan, learned counsel appearing for the petitioners would submit that Kumari Shamshad Begum died bachelor. He would further submit that the parents of Kumari Shamshad Begum died prior to her death. The petitioners herein are biological brothers of Kumari Shamshad Begum. He would contend that according to service record, Kumari Shamshad Begum was a spinster but respondent No.5 represented herself as biological daughter and claimed terminal benefits and therefore, an application was moved under Section 372 of the Act of 1925. He would contend that an application was moved for grant of succession certificate before the Collector Bilaspur. He would further contend that the petitioners were not arrayed as non-applicants in those applications and without affording an opportunity of hearing, the order dated 17-26.06.2014 (Annexure P/1) was passed. He would submit that according to the Circular issued by the State Government dated 17.12.2003, the Revenue authorities including Deputy Collector/Collector may issue a succession certificate according to the provisions of Rule 47(14) of Chhattisgarh Civil Services (Pension) Rules, 1976 (for short ‘the Rules of 1976’). He would pray to quash the order dated 17-26.06.2014