Case Note & Summary
The petitioners, who are non-Goan Hindus, filed an application before the Civil Judge Senior Division, Bicholim, for grant of a Succession Certificate under Section 372 read with Section 370 of the Indian Succession Act, 1925, in respect of the estate of the deceased Som Subhra Sarkar, who left immovable property within the jurisdiction of that court. The trial court rejected the application solely on the ground that in Goa, Succession Certificates are issued only by the District Court. The petitioners challenged this order by way of a writ petition before the Bombay High Court (Goa Bench). The High Court noted that the Indian Succession Act, 1925 has not been brought into force in Goa, and therefore the forum specified under Section 371 (District Judge) is not applicable. Relying on the decision in Monica Variato v. Thomas Variato, the court held that the Civil Court which deals with succession matters in inventory proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 is the competent court to grant Succession Certificates. The court observed that the trial court had not properly considered the ratio of Monica Variato and had dismissed the application without any material support for the proposition that only the District Court can entertain such applications. The High Court allowed the petition, set aside the impugned order, and directed the Civil Judge Senior Division, Bicholim to decide the application afresh on its own merits, in accordance with law.
Headnote
A) Civil Procedure - Jurisdiction - Succession Certificate - Indian Succession Act, 1925, Sections 370, 371, 372 - The Indian Succession Act, 1925 has not been extended to the State of Goa. Therefore, the forum provided under Section 371 (District Judge) is not applicable. The Civil Court dealing with inventory proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 is the competent court to grant Succession Certificate. The Civil Judge Senior Division has jurisdiction to entertain such applications for non-Goan parties governed by the Indian Succession Act. (Paras 5-15) B) Precedent - Monica Variato v. Thomas Variato - [2000(2) Goa L.T. 149] - The ratio of this case, which held that the Civil Court dealing with succession matters in inventory proceedings is the competent court to grant Succession Certificate, was not properly considered by the trial court. The trial court erred in dismissing the application solely on the ground that only the District Court can grant such certificates. (Paras 9, 13-15)
Issue of Consideration
Whether an application under Section 372 read with Section 370 of the Indian Succession Act, 1925 for grant of Succession Certificate lies before the Civil Judge Senior Division or only before the District Court in the State of Goa.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 30/01/2017 passed by the Civil Judge Senior Division, Bicholim, and directed the trial court to decide the application for Succession Certificate afresh on its own merits, in accordance with law, without being influenced by the earlier order.
Law Points
- Jurisdiction of Civil Court to grant Succession Certificate in Goa
- Non-extension of Indian Succession Act to Goa
- Competent forum for succession matters in Goa
- Applicability of personal laws in Goa
- Inventory proceedings under Goa Succession Act
