The jurisdiction of the court to issue a succession certificate depends on the ordinary residence of the deceased at the time of death or, in the absence of a fixed place of residence, the situation of any part of the deceased's property within the jurisdiction of the court.

Headnote:
INDIAN SUCCESSION ACT - JURISDICTION - SECTION 371 - SUCCESSION CERTIFICATE - ORDINARY RESIDENCE OF THE DECEASED - PROPERTY SITUATED WITHIN THE JURISDICTION OF THE COURT - JURISDICTION OF THE COURT TO ISSUE SUCCESSION CERTIFICATE.
Fact of the Case:

A petition was filed under Section 370 of the Indian Succession Act for the grant of a succession certificate. The deceased, Pachayappa Mudaliar, died intestate leaving behind property and heirs. A partition suit was filed during his lifetime, and a decree was passed allotting certain items to the minor Mohanaprakasam. The Life Insurance Corporation declined to act upon the decree or the assignment deed without a succession certificate.
Finding of the Court:

The court held that it did not have jurisdiction to issue the succession certificate because the deceased ordinarily resided within the jurisdiction of the District Judge of Chingleput at the time of his death. The court noted that Section 371 of the Indian Succession Act grants jurisdiction to the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death or, if the deceased had no fixed place of residence, to the District Judge within whose jurisdiction any part of the deceased's property may be found.
Issues: Whether the court had jurisdiction to issue a succession certificate when the deceased ordinarily resided within the jurisdiction of another District Judge.
Ratio Decidendi: The court interpreted Section 371 of the Indian Succession Act and held that the jurisdiction of the court to issue a succession certificate depends on either the ordinary residence of the deceased at the time of death or, in the absence of a fixed place of residence, the situation of any part of the deceased's property within the jurisdiction of the court. The court found that the deceased had a fixed place of residence at the time of his death and that the fact that his properties were situated within the jurisdiction of the court did not confer jurisdiction on the court to issue a succession certificate.
Final Decision: The court ordered the petition to be returned for presentation before the proper court.

Judgement Key Points

Key Points: - (!) The court held that jurisdiction to issue a succession certificate depends on the deceased's ordinary residence at the time of death (or, if no fixed residence, the location of any property within the court’s jurisdiction) (!) . - (!) If the deceased had a fixed place of residence, the court where that residence lies has jurisdiction, even if some property is within another court’s district (!) . - (!) Section 371 grants jurisdiction to the District Judge where the deceased ordinarily resided at death; second clause applies only when there was no fixed residence (!) (!) . - (!) The petitioner’s petition was returned because the deceased ordinarily resided within the jurisdiction of the District Judge of Chingleput, not the petitioning court, thus the proper court must entertain the application (!) . - (!) Prior decrees allocating items or assignments to a minor do not confer jurisdiction to issue a succession certificate; Section 371 must be applied, and the petition returned to the proper court (!) (!) . - (!) The Life Insurance Corporation’s request for a certificate cannot override the explicit jurisdictional requirements of Section 371 (!) . - (!) The petition was ordered to be presented before the proper court, clarifying that Section 371 governs jurisdiction rather than concurrent or other provisions (!) . - (!) The discussion distinguishes between ordinary residence-based jurisdiction and jurisdiction based on property location, emphasizing residence as the primary criterion (!) . - (!) The act’s Chapter and section placement (Part IX, Part X) is noted to avoid mechanical issuance of certificates in improper courts (!) .

Question 1?

What is the jurisdiction of the District Judge to issue a succession certificate under Section 371 of the Indian Succession Act when the deceased ordinarily resided within the jurisdiction of another District Judge?

Question 2?

What is the effect if the deceased had a fixed place of residence at the time of death on the ability of a court to grant a succession certificate, even if some of the deceased's properties lie within the jurisdiction of that court?

Question 3?

What is the proper forum for filing a petition under Section 370 for a succession certificate when the deceased ordinarily resided outside the court’s jurisdiction but some of the property is within it?

ORDER :- A petition under Section 370 of the Indian Succession Act has been filed by one Sarojini as guardian of a minor for the grant of succession certificate. It is stated in that petition that one Pachayappa Mudaliar who was ordinarily residing at Chingleput died intestate at Chingleput on 18-12-1958 leaving behind the property mentioned in the petition and leaving behind as his heirs the petitioner who is the widow of his pre-deceased son, his grandson Mohana Prakasam and his second son Thillai Natarajan and even during the lifetime of the deceased a partition suit was filed by the petitioner and her minor son in C. S. No. 109 of 1954 on the file of this court against the late Pachayappa Mudaliar and his wife and Thillai Natarajan and by a decree dated 3-1-1957, this court allotted certain items to the minor Mohanaprakasam and three life. Insurance policies which are the subject-matter of this petition were directed to be assigned by the deceased Pachiappa Mudaliar in favour of Mohanaprakasam, but before the assignment deed was executed Pachiappa Mudaliar died and an assignment deed was executed by the heirs of the deceased on 6-7-1961; but the Life Insurance Corporation declined to act upon the decree passed in C. S. 109 of 1954 or the assignment deed without a succession certificate.

2. The Office returned the petition with an endorsement as follows : 'Since the deceased was not an ordinary resident within the jurisdiction of this court at the time of his death, it may be stated how this petition can be filed in this court without any impediment to the provisions of Section 371 of the Indian Succession Act.' The petition was represented with the following endorsement 'in C. S. 109 of 1954 on the file of this Honourable Court, this particular item was allotted to the minor. Although normally the L. I. C., could act on the decree copy, they still want a succession certificate. As this Honourable Court in exercise of its original jurisdiction has allotted this item to the minor, I submit that this court can issue succession certificate. If there is doubt the matter may be posted before court.' Hence the matter was posted for hearing and I have heard the counsel for the petitioner.

3. Section 371 of the Indian Succession Act reads as follows :

"The District judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part."

Admittedly the deceased ordinarily resided at the time of his death within the jurisdiction of the District Judge of Chingleput and as such it is the District Judge of Chingleput who has to issue the succession certificate. Only if at the time of his death the deceased had no fixed place of residence then the jurisdiction of the court will have to be determined with reference to the situation of the property of the deceased. In this case it cannot be said that the deceased had no fixed place of residence at the time of his death. I find that in the petition itself it is alleged that Pachiappa Mudaliar ordinarily resided in Chingleput and died at Chingleput. Under Section 371 of the Indian Succession Act the jurisdiction of the court is made to depend upon one of the two circumstances, namely, either ordinary residence of the deceased at the time of his death or in the absence of any fixed place of residence the situation of any part of the property within the jurisdiction of the court to which the application is

made. The second part of Section 371 of the Act, that is the jurisdiction arising by reason of the situation of the property of the deceased within the jurisdiction of the court to which the application is made, would come into operation only if the deceased had no fixed place of residence. If the deceased had a fixed place of residence elsewhere, the fact that his properties are si

Click Here to Read the rest of this document

Judicial Analysis

1974 Supreme(Mad) 3

Madras High CourtPAULIn the matter of Mohanaprakasam - AppellantVersus. - RespondentDecided On : 01/03/1974