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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Alka Singhania – Appellant
Versus
Shilpi Agarwal – Respondent
| Table of Content |
|---|
| 1. petitioner's request to exempt from security bond. (Para 2 , 6) |
| 2. overview of the inheritance and succession case. (Para 3) |
| 3. conditions for granting security bond under isa. (Para 7 , 8) |
| 4. imposition of security bond deemed unjustified. (Para 9) |
| 5. petition allowed; succession certificate to be issued. (Para 10 , 11) |
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard Sri R.K. Mishra, learned counsel for the petitioner and Sri Rama Shanker Yadav, learned counsel for the sole-respondent.
2. This petition has been filed for the following reliefs:
"i) To set aside the impugned judgment and order dated 18.1.2025 passed by learned Civil Judge (Senior Division) Kanpur Nagar in Succession Case No.255/70/2022 (CNR No. UP KN05-0010902022) Smt. Alka Singhania Vs. Smt. Shilpi Agarwal upto extent by which the security bond to the guaranty like amount of the Succession Certificate has been directed to be submitted by the plaintiff/petitioner (Annexure No.6 to this petition).
ii) To direct the learned Civil Judge (Senior Division) Kanpur Nagar to issue Succession Certificate in favour of the petitioner after taking personal bond of the plaintiff/petitioner and exempt the petitioner to submit
The imposition of a security bond for a Succession Certificate is discretionary and not mandatory, particularly when there are no other claimants.
A succession certificate cannot be granted to a petitioner when a legal heir, such as the deceased's wife, is alive, as per Hindu Law.
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....
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
Compliance with the requirements of the Indian Succession Act, Section 372 is essential for the issuance of a succession certificate.
Summary proceedings under S.372 Indian Succession Act grant succession certificate upon prima facie proof of heirship and intestacy for securities transmission.
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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