The grant of a succession certificate is for a limited purpose and does not decide the title of the applicant, providing indemnity to the debtor for the payment made to the holder of the certificate.

JUDGMENT :

1. Hear Mr. M. Biswas, learned counsel appearing for the petitioner as well as Mr. D.N. Bhattacharya, learned counsel representing the respondents.

2. This is an application under section 384 of the Indian Succession Act, 1925 whereby the judgment and order dated 11.10.2012 passed by the District Judge, Karimganj in Misc. Succession Case No. 176/2007 is under challenge.

3. Late Sushanta Das, while working as a UDA in the District Fishery Development Office, Karimganj, expired on 25.7.2007. He left behind his wife Malina Das and a daughter named Swagata Lakshmi Das. They filed an application seeking a Succession Certificate in respect of the debts and securities left behind by late Sushanta Das.

4. After filing of the said application, the present petitioner objected to the prayer for the Succession Certificate. She has claimed that late Sushanata Das married her in the year 1991 according to Hindu rituals. The said marriage was also registered in the office of Sri Kamakhya Ashram Seva Samiti. She has claimed that in the Fishery Development Office, she is officially known as the wife of late Sushanta Das.

5. According to the petitioner, she also gave birth to the son of late Sushanta Das on 4.5.1992. Even in the Voter List, the petitioner is shown as the wife of Sushanta Das.

6. For the said reason, the petitioner claimed half-share of the debts and securities left behind by late Sushanta Das.

7. The respondents examined three witnesses and the present petitioner examined five witnesses.

8. Finally, the court below granted the Succession Certificate in favour of the respondents and hence, the present petition has been filed.

9. The petitioner has contended that the learned court below failed to appreciate the evidence adduced by her. She has also challenged the view of the trial court that living together as husband and wife for some years and procreating a child out of that relationship is not sufficient to prove the fact of a valid marriage.

10. I have given consideration to the submissions made by the learned counsels for both the sides.

11. The most important question that arises is as to what the District fudge should look for while disposing of a petition praying for a Succession Certificate.

12. The law relating to a succession certificate, has been laid down by the Supreme Court in Madhvi Amma Bhawani Amma v. Kunjikutty Filial Meenakshi Filial, (2000) 6 SCC 301. Paragraphs 11, 12, 13, 14 and 15 of the judgment as quoted as under—

“11. Next we proceed to examine the other head of submission, viz., whether decision on any issue in a proceeding to grant succession certificate would operate as res judicata to the issue raised in the subsequent suit. First we proceed to examine the various provisions under the Indian Succession Act. Section 372(1) refers to the application to be made for the grant of succession certificate. Sub-section (1) gives the detail and the manner of making such an application. Sub-section (3) gives the sphere of such application, viz., it to be in respect of any debt or debts due to the deceased creditor or in respect of portions thereof. Sub-section (3) is quoted hereunder:

“372. (3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.”

12. Under sub-section (1) of section 373 if the court is satisfied that there is ground for entertaining the application, he fixes a date of hearing after notice. Sub-section (2) decides the right of the applicant, whether entitled for a grant of the certificate. Under sub-section (3), if such fudge cannot decide such right, as the question raised both on facts or law are intricate and difficult then in summary proceedings it can still grant such certificate, if it appears to the court, that the person making such application has a prima facie title thereto. Sub-section (3) of section 373 is quoted hereunder:

“373. (3) If the Judge cannot decide the right to the certificate without d