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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Mohd. Ikhlaque Khan, S/o. Late Mohd. Alam Khan – Appellant
Versus
State Of Chhattisgarh, Through Secretary, Revenue Department, Chhattisgarh – Respondent
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 Di
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.
Adopted children are entitled to terminal benefits under Bihar Pension Rules, and a succession certificate is sufficient to establish their claim despite state objections regarding adoption.
Compliance with the requirements of the Indian Succession Act, Section 372 is essential for the issuance of a succession certificate.
The nomination in service records is decisive for entitlement to death-cum-retirement benefits, and a succession certificate does not confer beneficial interest.
The classification of heirs under the Hindu Succession Act, particularly the distinction between Class I and Class II heirs, is crucial in determining entitlement to succession certificates.
A succession certificate does not create beneficial interest; the nominee's rights are subject to the claims of lawful heirs, as established by service records.
Nominees under insurance policies do not hold beneficial interest; legal heirs must pursue civil suits for rights determination despite summary nature of succession certificate proceedings.
The legally wedded wife of a deceased government servant is entitled to family pension, overriding prior nominations, and a succession certificate is not required for such claims.
The court clarified that proceedings under Section 372 of the Indian Succession Act are summary and do not grant final adjudication of rights, allowing for provisional determinations to meet urgent n....
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