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ARUN MONGA
Manpreet Kaur – Appellant
Versus
General Public – Respondent
JUDGMENT
Arun Monga, J. (Oral)
Petition herein is for setting aside impugned orders dated 07.09.2018 (Annexure P-1) and 07.12.2019 (Annexure P-2) passed by learned Additional District Judge, Fatehgarh Sahib, whereby appeal filed by petitioners against the judgment and decree dated 21.08.2015 (Annexure P-3) passed by learned Civil Judge, was dismissed.
2. Succinct facts, first as pleaded in the revision petition. Petitioners, being widow and mother of deceased Hardeep Singh, filed application under section 372 of Indian SUCCESSION ACT , 1925 for grant of succession certificate, qua his assets as he died intestate on 28.06.2013 in a roadside accident at village Adampur, Tehsil and District Fatehgarh Sahib. Upon notice, no one appeared on behalf of respondents to contest the application and ultimately, vide order dated 21.08.2015 (Annexure P- 3), Succession Certificate in respect of sum of Rs.22,65,941/- was issued in favour of petitioners in equal share subject to furnishing their indemnity bonds in the sum of Rs.25 lakh with one surety in like amount. However, interest as claimed by the petitioners was not allowed vide impugned orders and hence the instant petition.
3. Learned couns
Point of law: A conjoint reading of Sections 371, 372 and 384 of the Act would show that the original jurisdiction to entertain and decide a petition for the grant of a succession certificate has bee....
The main legal point established in the judgment is that the appeal against the order for issuance of Succession Certificate under Section 372 of the Indian Succession Act should be laid before the D....
Territorial jurisdiction for granting a succession certificate under the Indian Succession Act, 1925 is determined by the provisions contained under Sections 371 and 372 of the Act.
The court clarified that proceedings under Section 372 of the Indian Succession Act are summary and do not grant final adjudication of rights, allowing for provisional determinations to meet urgent n....
Succession Certificate – Courts are required to deal with application under Section 372 of Succession Act in a summary manner without asking for strict proof as contemplated under Indian Evidence Act....
The Subordinate Judge had jurisdiction to grant succession certificates, but the validity of marriages must be clearly established to determine legal heirs.
The main legal point established in the judgment is the interpretation of the deeming clause under Section 388(2) of the Succession Act, which determines the forum for the appeal against an order ref....
The main legal point established in the judgment is that a Succession Certificate under Section 372 of the Indian Succession Act is limited to debts and securities, and does not extend to movable and....
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