The law permits the issuance of joint succession certificates when multiple applicants are equally entitled, contrary to the trial court's findings.

ORDER :

GAUTAM KUMAR CHOUDHARY, J.

1. The appellant has preferred the instant appeal under Section 384 of the Indian SUCCESSION ACT , 1925 against the judgment dated 03.10.2024 passed by learned Commercial Court, Dhanbad in Succession Case No. 22 of 2022, whereby and whereunder, the succession certificate has been directed to be issued in favour of respondent No.1.

2. Heard learned counsel for the appellant in this interlocutory application (I.A. No. 6555 of 2025) which has been filed under Section 5 of the LIMITATION ACT for condonation of delay of 124 days in preferring the instant misc. appeal.

3. It is submitted by learned counsel for the appellant that against judgment and order, initially the appellant had preferred Succession (Revocation) Case No.42 of 2024 which was rejected on 05.03.2025 and only after the said rejection, the present Misc. Appeal was filed on 06.05.2025. It is further submitted that the delay, if any, was not intentional and occurred because of preferring the said revocation case.

4. Learned counsel for the respondents has contested the claim for condonation of delay. It is submitted that the affidavit was sworn on 16.04.2025, however, after a lapse of 20 days, present Misc. Appeal was filed, but no explanation was offered for the same.

5. Having considered the submissions advanced on behalf of both sides, I find that sufficient reasons have been assigned for condoning the delay.

Accordingly, the prayer made for condonation of said delay in preferring the instant Misc. Appeal is allowed.

The aforesaid I.A. stands disposed of.

M. A. No. 215 of 2025

6. The facts are not in dispute.

7. The question of law raised in the present Appeal is “If there was an embargo in issuing a Joint succession certificate?

8. It is contended by the learned counsel for the appellant that the instant succession case was filed for issuance of Succession Certificate under Section 372 of the Indian SUCCESSION ACT with regard to estate of the deceased – Late Ratan Lal Gupta @ Ratan Lal Mittal @ Ratan Lal Agarwal.

9. Appellant and the respondents are admittedly the sons and daughters of Late Ratan Lal Agarwal. A joint application for issuance of succession certificate was filed. However, learned Trial Court has directed for issuance of Succession Certificate only in the name of Respondent No.1 solely on the ground that although all the applicants were entitled to get their share in the estate of the deceased, however, since majority of the applicants, particularly, 2 to 6 had filed an application with regard to grant of Succession Certificate in favour of any of them, except applicant No.1, so Succession Certificate was directed to be issued in favour of applicant no.2, namely, Naresh Kumar Agarwal.

10. It is submitted on behalf of the Petitioner, that there is no bar for issuance of Joint succession Certificate. Specific reliance is placed on AIR 1937 Rangoon 336 (Daw Ohn Bwint & Ors. Vs. Daw Saw May & Anr.), wherein the issuance of joint succession certificate was challenged, the same was dismissed. Further in the case of M/s Kone International (P) Ltd. & Ors. Vs. Syndicate Bank (AIR 1995 Punjab and Haryana 16), a joint succession certificate was directed to be issued and it was held that it was not necessary that it should be issued only in favour of one person. Succession Certificate can be issued jointly in favour of many claimants.

11. It is submitted by learned counsel for the respondents that it was the joint consent of all the applicants except the present appellant for grant of succession certificate in the account o