Heard the learned counsel for the appellant and respondents.

2.

Challenge in this appeal is against the judgment and

decree in O.S.No.2 of 2017 before the District Court, Lakshadweep.

The trial Judge converted an original petition filed under Section

372 of the Indian Succession Act, 1925 (in short, the Act) as a

regular suit on finding that the parties seriously contest the grant of

succession certificate.

3.

Facts in this case stated in brief are as follows:

According to the averments in the petition, the petitioner is

the sole surviving wife of Hussain Koluguge hailing from Minicoy

Island. It is contended that he married the petitioner on 5.7.2012

at Kavaratti, in the presence of witnesses. Aforementioned Hussain

Koluguge died on 01.05.2013. 1^st respondent (appellant) is said to

be the former wife of deceased Hussain Koluguge and respondents

2 and 3 are the daughters born to him through the 1^st respondent.

Petitioner would further contend that the relationship between

Hussain Koluguge and the 1^st respondent was dissolved by

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pronouncing Thalaq years back. Deceased Hussain Koluguge was

the Manager of UCO Bank. According to the petitioner, she is

entitled to succeed to the estate of her deceased husband. It is also

contended that he had executed a Will dated 19.11.2012 by which

the petitioner and respondents 2 and 3 are to succeed to his assets.

4.

The 1^st respondent opposed the petition contending that

she was the sole wife of deceased Hussain Koluguge and

respondents 2 and 3 are born to her in that marriage. Marriage

between Hussain Koluguge and the petitioner is disputed.

Averments in the petition that Hussain Koluguge had divorced the

1^st respondent is also denied.

5.

Trial Judge, on finding that there is a serious contest

between the parties, converted the original petition filed under

Section 372 of the Act to a suit. On a perusal of Part-X of the Act,

which deals with succession certificates, it can be seen that there is

no statutory provision permitting the court to convert an original

petition for succession certificate to a suit unlike in the case of a

contested probate proceedings. Section 373 of the Act deals with

procedure to be dealt with on receiving an application, which reads

as follows:

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Procedure on application.-

(1) If the District Judge is satisfied that there is ground for

entertaining the application, he shall fix a day for the hearing

thereof and cause notice of the application and of the day fixed

for the hearing-

(a)

to be served on any person to whom, in the opinion of the

Judge, special notice of the application should be given, and

(b)

to be posted on some conspicuous part of the court-house

and published in such other manner, if any, as the Judge,

subject to any rules made by the High Court in this behalf,

thinks fit,

and upon the day fixed, or as soon thereafter as may be

practicable, shall proceed to decide in a summary manner the

right to the certificate.

(2)

When the Judge decides the right thereto to belong to the

applicant, the Judge shall make an order for the grant of the

certificate to him.

(3) If the Judge cannot decide the right to the certificate without

determining questions of law or fact which seems to be too

intricate and difficult for determination in a summary proceeding,

he may nevertheless grant a certificate to the applicant if he

appears to be the person having prima facie the best title thereto.

(4)

When there are more applicants than one for a certificate,

and it appears to the Judge that more than one of such applicants

are interested in the estate of the deceased, the Judge may, in

deciding to whom the certificate is to be granted, have regard to

the extent of interest and the fitness in other respects of the

applicants.

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6.

On a reading of Section 373 (3), it will be clear that

when a Judge cannot decide the right to the certificate without

determining questions of law or fact which seem to be too intricate

and difficult for determination in a summary p