Sunday, 21 August 2016

Whether on death of an applicant for succession certificate his legal heirs can be brought on record?

In my opinion, the point urged on behalf of the petitioner on the authority of Sm. Fatemanesha Begum v. Sk. Mahidin, 48 Cal WN 673 (1), that, on the death of an applicant for a succession certificate the proceeding lapses and there can be no substitution of the heirs or the alleged heirs of the applicant, has got substance and must be accepted. No authority taking a contrary view has been cited before me. I am in respectful agreement with the view expressed in the Bench decision of the Calcutta High Court.
Patna High Court
Deo Kumar Singh vs Kailash Singh on 29 November, 1960
Equivalent citations: AIR 1961 Pat 304

Bench: N Untwalia

1. In my opinion, the point urged on behalf of the petitioner on the authority of Sm. Fatemanesha Begum v. Sk. Mahidin, 48 Cal WN 673 (1), that, on the death of an applicant for a succession certificate the proceeding lapses and there can be no substitution of the heirs or the alleged heirs of the applicant, has got substance and must be accepted. No authority taking a contrary view has been cited before me. I am in respectful agreement with the view expressed in the Bench decision of the Calcutta High Court.

I, therefore, allow this application, set aside the order dated the 28th May, 1960, of the learned Additional District Judge of Saran passed in Succession Certificate Case No. 40 of 1956. There will be no order as to costs.
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