The proceedings for the grant of succession certificate lapse on the death of an applicant, and legal heirs cannot be substituted to continue the proceedings. A succession certificate in respect of the debts and securities can be granted to another eligible person by fresh proceedings.

Per Kuldip Chand Sood, J. : - Chhangi Devi, original appellant, filed an application No. 1-S/2of 1993, before the District Judge, Solan, for grant of Succession Certificate under Section 372 of the Indian Succession Act, hereinafter referred to as The Act, for the debts due to deceased Sant Ram, son of the applicant, lying with the State Bank of India, Solan in terms of the following accounts: (a) Saving Bank Account No. 46/15805 for Rs. 8587.82 paise; (b) Saving bank Account No. 1543 for rupees 48,143.35/-. (c) Fixed Deposit Receipt No. 338774 for rupees 75000/-. Total Rs: 1,31,670/-. The District Judge declined to grant the certificate. Dis -satisfied, Chhangi Devi preferred this appeal.

2. In order to appreciate the controversy, facts for the purpose of disposal of this appeal may be noticed thus: Sant Ram died intestate leaving behind his widow Shanti Devi, respondent No. 2, daughter Ms. Neelam respondent No.3, mother Smt. Chhangi Devi, (appellant-applicant) and a son Sunder Singh who died before the filing of the application for the grant of by the respondent s on grounds, inter alia : (i) Applicant is not mother of Sant Ram: (ii) Sant Ram had executed a will which is in possession of liaq Ram, (iii) Applicant Chhangi, in collusion with her son Liaq Ram taking undue, advantage of the minority of respondent Neelam withdrew Rs. 40,000/- from the account of Sant Ram four or five days after his death and that rupees 40,000/- is liable to be adjusted towards the share of Chhangi Devi if she is found to be entitled to the debts mentioned in the application.

3. Learned trial Judge settled the following issues:

1. Whether the applicant Smt. Chhangi Devi is entitled to 1/4th share of the bank deposit in question, which has been left behind her son deceased-Sant Ram?

2. Relief.

4. Learned trial Judge found applicant to be entitled to 1/4t h share out of the total amount of rupees 1,31,670/- mentioned in the application which comes to less than 40,000/-. She also found that the applicant, through her son Liaq Ram, had already withdrawn rupees 40,000/- immediately after the death of Sant Ram. The trial Judge therefore held that as nothing remains to be paid to the applicant, therefore, succession certificate cannot be issued favour of Chhangi Devi.

5. During the pendency of the appeal, Smt. Chhangi Devi died on May 15, 1998. She was substituted by her legal representatives, present appellants no. 1 to 5 by the orders of this Court dated December 28, 1998. It may also be noticed that Smt. Shanti Devi, respondent No. 2 is mentally retarded and is represented by her daughter Ms. Neelam, respondent No. 4.

6. The contention of the appellant is that the District Judge has illegally held that amount of rupees 40,000/- withdrawn by Liaq Ram son of Chhangi Devi appellant, on the basis of a cheque issued by deceased Sant Ram, is liable to be adjusted against the 1/4th share of Chhangi Devi. It is the further contention of the appellant that once the appellant is held to be entitled to the grant of succession certificate, the same cannot be fettered by extraneous consideration and that appellant ought to have been granted the succession certificate in respect of all the deposits mentioned in the application.

7. We have heard Mr. K.D. Sood, learned counsel for the appellants and Mr. G.D. Verma, learned Senior Counsel for the respondents and gone through the record.

8. The contention of Shri Verma is two-fold: (a) The present appeal is not maintainable; (b) On the death of Chhangi Devi, the proceedings comes to end and certificate cannot be granted on the basis of the application filed by Chhangi Devi to any other person. Maintainability of appeal

9. So far the maintainability of the appeal is concerned, Part X of the Indian Succession Act, 1925, deals with the grant of Succession Certificates. Section 372 of the Act deals with the application for the grant of the Certificate. Section 373 provides for the procedure of inquiry. Section 377 deals