The main legal point established in the judgment is that a Succession Certificate under Section 372 of the Indian Succession Act is limited to debts and securities, and does not extend to movable and immovable properties.

JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. The present First Appeal impugns the judgment and order dated 10.12.2018 passed by the Additional Civil Judge, Bhuj-Kachchh in Civil Misc. Application No. 56 of 2016.

2. The brief facts leading to the present First Appeal are as under:

2.1 The appellant herein is the brother of deceased- Shri Sukdevbhai Panchabhai Makwana, who expired on 06.03.2016 at village-Kavitha, Taluka-Bawla, District-Ahmedabad after getting retired from service on 18.11.2014. The wife of the deceased-Sukdevbhai Panchabhai Makwana, namely Smt. Lakshmiben Sukdevbhai Makwana had pre-deceased the said Sukdevbhai Panchabhai Makwana on 29.10.2013. Both the deceased had died issueless. The appellant herein was residing with his deceased-brother for most of the time after the death of Smt. Lakshmiben Sukdevbhai Makwana. The deceased-Sukdevbhai Panchabhai Makwana was working in the Gujarat Agricultural Department till his retirement on medical grounds on 18.11.2014.

2.2 It is the case of the appellant that his brother, deceased -Sukdevbhai Panchabhai Makwana, had left behind properties, being House No. M998 in 63 MIG plan Kailash Nagar Bhuj, developed Gujarat Housing Board located in revenue Survey No. 870/P. Bank Locker No. 758 (key no. 60240) in State Bank of India, Dhanidhar Char Rasta, Ahmedabad. Retirement Benefits such as gratuity, pension, insurance claim, provident fund, etc. Accordingly, the appellant herein, preferred the Civil Misc. Application No. 56 of 2016 under Section 372 of the Indian Succession Act along-with the said application. The appellant also annexed the affidavits of the three sisters of the deceased- Sukdevbhai Panchabhai Makwana, stating that they endorse the contents and averments in application for Succession Certificate and give their consent for the grant of such Certificate. By the impugned judgment and order dated 10.12.2018, the learned Additional Civil Judge, Bhuj-Kachchh was pleased to dismiss the application for Succession Certificate holding that the scope of the issuance of the Succession Certificate under Section 372 of the Indian Succession Act is confined only to the extent of debts and securities. Hence, the First Appeal.

3. The learned counsel appearing for the appellant submits that the learned Trial Court has misread the provisions of Section 372 of the Indian Succession Act. He submits that the appellant herein has prayed for the Succession Certificate to the movable and immovable properties, and the retiral benefits of the deceased brother, who had died issueless and his wife had also pre-deceased him. He submits that the sisters of the deceased-Sukdevbhai Panchabhai Makwana had also consented for grant of Succession Certificate to the appellant and they had no objection for the same. He submits that the appellant was only the legal heir. Learned counsel for the appellant has relied on the judgment reported in 2017 SCC Online Del 7963 of the Delhi High Court, wherein, the High Court has granted the Succession Certificate holding that it is the entitlement to the estate/movable properties which is to be ascertained in favour of the person making such application for the formal Succession Certificate to be issued. No other contentions have been raised by the learned counsel for the appellant.

4. Heard the learned counsel for the appellant and perused the documents on record.

5. At the outset, it is noted that the respondents are the real sisters of the deceased and the appellant herein. They have filed an affidavit in the proceedings before the learned Trial Court stating that they have no objections if a Succession Certificate is issued to the appellant herein in the present proceedings. Also, though, the respondent sisters have been duly served with the notice, none has chosen to appear in the present proceedings.

6. In the present case, it would be beneficial to refer Section 372 of the Indian Succession Act, which reads as under:

“372. Application for certificate:

(1) Application for su