08-31-2012, 09:52 PM
Q. Explain "succession certificate" when be revoked? is there any right of appeal against such revocation. (2002)(2004)
Q. What are restrictions for grant of succession certificate. discuss how it can be revoked. (2006/S)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
Case Law
2000 CLC 585
It was held only a summary procedure is provided for issuance of succession certificate u/s 373 if any person wants to detailed determination of rights, remedy lies in shape of suit filed under S. 37 succession act 1925. if a person is dissatisfied of aggrieved by issuance of succession certificate appeal u/s 384 lies.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Revocation of success certificate:
Meaning:
Revocation means cancellation.
Who can revoke:
Only the competent court of jurisdiction can revoke succession certificate.
8. Ground of revocation of succession certificate:
Ground of revocation of succession certificate are as under.
(i) Defective proceeding:
The succession certificate can be revoked on the ground of that proceeding was defective in the substance.
(ii) Element of fraud:
That succession certificate was obtained fraudulently by the making of a false succession.
(iii) Concealment of fact:
That succession certificate was obtained by concealment from the court of something material to the case.
(iv) Untrue allegation:
That the certificate was obtained by means of an untrue allegation of the fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently.
(v) Inoperative certificate:
That the certificate has become useless and inoperative through circumstances.
(vi) Other proceedings:
That a decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
9. Who can apply for revocation of certificate:
The application for the revocation may be made by person having an interest in the succession certification.
10. Limitation period for revocation:
The revocation can be made at any time by the competent court of the jurisdiction.
11. Appeal:
An appeal shall lie against the order of the district judge to the high court.
12. Conclusion:
To conclude I can say that on different grounds under the succession act, succession certificate can apply for the revocation. the application for revocation should be made to the court which granted the certificate.
Q. What are restrictions for grant of succession certificate. discuss how it can be revoked. (2006/S)
1. Introduction:
When a person dies, the property which he had left is transferred, to others either according to his will or according to law of succession. the succession certificate is a formal document which attests the qualification of a person as entitled to collect some debt or securities by entitled person.
2. Relevant provisions:
Sec 370-390 succession act.
3. Definition of succession certificate:
Succession certificate is a document certifying the entitlement of a particular person or persons to succession of a deceased person.
4. Object of succession certificate:
The object of succession certificate is the collection of debts of the deceased.
5. Jurisdiction of the court to grant succession certificate:
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
Case Law
2000 CLC 585
It was held only a summary procedure is provided for issuance of succession certificate u/s 373 if any person wants to detailed determination of rights, remedy lies in shape of suit filed under S. 37 succession act 1925. if a person is dissatisfied of aggrieved by issuance of succession certificate appeal u/s 384 lies.
6. Application for succession certificate:
Application shall be made to the district judge for the certificate.
7. Revocation of success certificate:
Meaning:
Revocation means cancellation.
Who can revoke:
Only the competent court of jurisdiction can revoke succession certificate.
8. Ground of revocation of succession certificate:
Ground of revocation of succession certificate are as under.
(i) Defective proceeding:
The succession certificate can be revoked on the ground of that proceeding was defective in the substance.
(ii) Element of fraud:
That succession certificate was obtained fraudulently by the making of a false succession.
(iii) Concealment of fact:
That succession certificate was obtained by concealment from the court of something material to the case.
(iv) Untrue allegation:
That the certificate was obtained by means of an untrue allegation of the fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently.
(v) Inoperative certificate:
That the certificate has become useless and inoperative through circumstances.
(vi) Other proceedings:
That a decree or order made by a competent court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
9. Who can apply for revocation of certificate:
The application for the revocation may be made by person having an interest in the succession certification.
10. Limitation period for revocation:
The revocation can be made at any time by the competent court of the jurisdiction.
11. Appeal:
An appeal shall lie against the order of the district judge to the high court.
12. Conclusion:
To conclude I can say that on different grounds under the succession act, succession certificate can apply for the revocation. the application for revocation should be made to the court which granted the certificate.