JUDGMENT

1. This is an appeal by one Lala Banwari Lal who applied before the District Judge of Allahabad to obtain a succession certificate. It appears that a certain gentleman Lala Kishori Lal died possessed of certain shares of the United Provinces Electric Supply Co, Ltd. The applicant states in his application that he and other parsons whose names are shown in the column of relatives (sons and grandsons) of the deceased, were members of a joint Hindu family with the deceased and that to receive the dividends of the shares it was necessary to obtain a succession certificate.

2. Notices were issued to the members of the family other than the applicant and nobody took exception to the application. The petition was heard ex parte but the learned District Judge dismissed it on the ground that no succession certificate could : be granted to a member of a joint Hindu family who gets the property by right of survivorship and not as an heir.

3. Lala Banwari Lal has appealed and the question is whether he ought to be granted a succession certificate?

4. There can be no doubt that the preamble, of the Succession Certificate Act (VII of 1889) and the preamble of the Indian Succession Act (XXXI