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2024 Supreme(Online)(Bom) 910

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE BHARAT PANDURANG DESHPANDE
PAPIYA SARKAR AND ANR – Appellant
Versus
SOM SUBHRA SARKAR (SINCE DECEASED) – Respondent


Advocates:
Mr. Iftikhar Agha with Ms. Valencia Fernandes

JUDGEMENT

1. Rule. Rule is made returnable forthwith.

2.The matter is taken up for final disposal at the admission stage as it is necessary to decide the question of Forum before whom applications under Section 372 r/w. Section 370 of the Indian Succession Act,1925 would lie for the grant of Certificate of Succession.

3.Heard Mr. Iftikar Agha, learned Counsel appearing for the Petitioners.

4.The application was filed before the learned Civil Judge, Senior Division, Bicholim for grant of Heirship Certificate under the provisions of Indian Succession Act. Though such application was entertained, it was rejected only on the ground that such applications are dealt with by the District Court.

5.Mr. Agha placed some of the orders on record passed by the Civil Court and more specifically in Vasco wherein such applications for grant of Succession Certificate were entertained and disposed of by the Civil Judge Senior Division. He would submit that the provisions of the Indian Succession Act, 1925 are not brought into force in Goa till date and therefore the Forum provided under the said Act for the purpose of grant of Succession Certificate cannot be applied to the Courts in Goa. He submits that

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