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2022 Supreme(Ker) 401

A. BADHARUDEEN
M. Baburaj, S/o. Late T. V. Leelamma – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.SETHUNATH
For the Respondent: SRI DENNY DEVASSY

JUDGMENT :

This is an Original Petition filed under Article 227 of the Constitution of India by the petitioner herein, who is the son of the original claimant Smt.T.V.Leelamma in LAR.No.2/1999 on the file of Sub Court, Thiruvalla. The respondent herein is the State of Kerala, who is the judgment debtor in the above LAR.

2. The questions arise for determination are as under:

    (i) Production of succession certificate as mandated under Section 214(1)(b) of the Indian Succession Act by the legal-heirs of the decree holder, when becomes mandatory?

(ii) When legal-heirs of the deceased decree holder need not produce succession certificate in cases involving `debt' as contemplated under Section 214(1)(b) of the Succession Act?

(iii) Is it mandatory to produce succession certificate by the legal-heirs to proceed with execution proceedings in Land Acquisition cases to realise the compensation amount?

(iv) Is it mandatory to produce succession certificate by the legal-heirs to proceed with execution proceedings in motor accident claim cases and in cases involving grant of compensation under the Electricity Act to realise the compensation amount?

(v) Is it permissible for the surviving decree holder

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