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2014 Supreme(Del) 2884
DELHI HIGH COURT
Valmiki J.Mehta, J.
Krishna Goel - Appellant
Versus
State - Resopndent
FAO No.322/2012
Decided On : 28-03-2014
For the Petitioner: None.
For the Respondent: None.
Only the legal heir on whom the estate devolves can apply for a succession certificate.
Headnote:
Succession Certificate - Legal Heir - The court dismissed the petition for a succession certificate as the appellant was not a legal heir of the deceased and had no blood relationship with her.
Fact of the Case:
The appellant filed a petition for a succession certificate in respect of the estate of the deceased Shakuntla Sukhnandan. The court below dismissed the petition as the appellant was not a legal heir of the deceased.
Finding of the Court:
The court found that the appellant was not a beneficiary of the estate of the deceased as she was not a legal heir and had no blood relationship with the deceased. The court upheld the dismissal of the petition for succession certificate.
Issues: The main issue was whether the appellant, who was not a legal heir and had no blood relationship with the deceased, was entitled to a succession certificate.
Ratio Decidendi: The court held that only the legal heir on whom the estate devolves can apply for a succession certificate. As the appellant was not related to the deceased and had not propounded any Will in her favor, the court found no merit in the appeal.
Final Decision: The appeal was dismissed, and the parties were left to bear their own costs.
Valmiki J. Mehta, J :--(ORAL)
1. No one appeared for the appellant on 12.4.2013. It was noted that the matter is taken up for the third time but counsel for the appellant did not appear and only a request for pass over was made by the proxy counsel. This matter was adjourned for 14.5.2013 subject to costs of Rs.3,000/-with Delhi Legal Services Authority. Thereafter, the matter could not be listed on the date fixed i.e 14.5.2013 as costs were not deposited. The matter is therefore listed today on an office note. Besides the fact that no one appears for the appellant and even the costs of Rs.3,000/- have not been deposited.
2. By the impugned judgment, the petition filed by the appellant under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate in respect of the estate of the deceased Shakuntla Sukhnandan who expired at New Delhi on 24.2.2010 was dismissed.
3. The court below notes that admittedly the appellant/petitioner was not having any blood relationship with the deceased Shakuntla Sukhnandan. Therefore, petitioner cannot be a beneficiary of the estate of the deceased Shakuntla Sukhnandan as she is not a legal heir of the deceased Shakuntla Sukhnandan.
4. I find nothing illegal in the judgment of the court below dated 11.4.2012 by which the petition for succession certificate has been dismissed in as much as it is only the legal heir on whom the estate devolves who can apply for a succession certificate. Besides the appellant/petitioner not being related to the deceased Shakuntla Sukhnandan, the petitioner/appellant has not propounded any Will in her favour with respect to the estate of the deceased Shakuntla Sukhnandan.
5. In view of the above, there is no merit in the appeal and the same is therefore dismissed, leaving the parties to bear their own costs.
