Whether Adhar card can be treated as proof of citizenship?

 Section 9 of the said Act reads as follows:

“9. The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of an Aadhaar number holder.”

7. In view of the aforesaid provision, it is clear that the said Aadhaar Card by itself shall not confer any right of or be proof of, citizenship or domicile in respect of the holder thereto. Apart from the said Card, the letter issued by the representative of the local body as to the residence of the petitioner also does not, ipso facto, confer citizenship on the petitioner.

8. Under such circumstances, I am unable to rely on the aforesaid documents as prima facie proof of citizenship in favour of the petitioner.

In the High Court of Calcutta

(Before Joymalya Bagchi, J.)

In the matter of: An application under Section 439 of the Code of Criminal Procedure filed on 02.09.2016 in connection with Basirhat Police Station Case No. 974 of 2016 dated 23.08.2016 under Section 14F of the Indian Foreigners Act.

In Re: Rani Mistri 

Citation: 2016 SCC OnLine Cal 8283

CRM 7148 of 2016

Decided on November 30, 2016

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Whether citizenship or ordinary residence of deceased determines territorial jurisdiction for grant of succession certificate?

A perusal of provisions contained in Section 371 of Indian Succession Act, 1925 as reproduced above, would clearly manifest that Distt. Judge within whose jurisdiction deceased ordinarily resided would have Jurisdiction to entertain and try Petition Under Section 372 of Indian Succession Act, 1925, It is 'ordinary residence' of deceased which determines jurisdiction and not his citizenship. Even though, therefore,Appellant might be a citizen of Canada also, but his ordinary place of residence being Jaipur the District Judge, In our considered view, had jurisdiction to entertain and try Petition Under Section 372 of Indian Succession Act, 1925 for grant of succession certificate. In so far as Section 5 of Indian Succession Act, 1925 Is concerned, same only deals with law which would regulate succession to deceased persons' movable and Immovable properties.

Rajasthan High Court

Surendra Bhatia vs Poonam Bhatia And Ors. on 22 November, 2005

Equivalent citations: AIR 2006 Raj 128, I (2006) DMC 667, RLW 2006 (1) Raj 612, 2006 (1) WLC 648

Bench: V Bali, A Rastogi

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