Case Note & Summary
The petitioners, who are blood relatives of the deceased Jyoti Prabhakar Kulkarni, filed an application under Section 372 of the Indian Succession Act, 1925 for grant of a succession certificate to claim amounts deposited in a bank. The trial court, just prior to delivery of judgment, directed the petitioners to obtain a heirship certificate under Bombay Regulation VIII of 1827. Aggrieved, the petitioners challenged this order in the High Court. The High Court held that a succession certificate under the Indian Succession Act is distinct from a heirship certificate under the Bombay Regulation, and the former is sufficient for the purpose of claiming debts and securities. The court set aside the trial court's direction and directed the trial court to decide the application for succession certificate on its own merits within three months.
Headnote
A) Succession Law - Succession Certificate vs. Heirship Certificate - Distinction between succession certificate under Indian Succession Act, 1925 and heirship certificate under Bombay Regulation VIII of 1827 - The court held that a succession certificate under Section 372 read with Section 374 of the Indian Succession Act, 1925 is sufficient for the petitioners to claim the amounts deposited in the bank, and there is no requirement to obtain a separate heirship certificate under the Bombay Regulation. The trial court's direction to obtain a heirship certificate was set aside. (Paras 2-4)
Issue of Consideration
Whether the trial court could direct the petitioners to obtain a heirship certificate under Bombay Regulation VIII of 1827 before deciding their application for grant of succession certificate under Section 372 of the Indian Succession Act, 1925.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order directing the petitioners to obtain a heirship certificate, and directed the trial court to decide the application for succession certificate on its own merits within three months.
Law Points
- Succession certificate under Indian Succession Act
- 1925 is distinct from heirship certificate under Bombay Regulation VIII of 1827
- Succession certificate is sufficient for claiming debts and securities without need for heirship certificate
Case Details
2019 LawText (BOM) (11) 122
Writ Petition No. 6745/2019
Pradip S/o Gangadhar Rote, Sharad S/o Gangadhar Rote, Dinesh S/o Gangadhar Rote, Sunanda Mukund Bhale, Radhika Ravindra Pachpor, Mahesh Prabhakar Kulkarni
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Nature of Litigation
Writ petition challenging trial court's direction to obtain heirship certificate before deciding succession certificate application.
Remedy Sought
Petitioners sought setting aside of the trial court's order directing them to obtain a heirship certificate.
Filing Reason
Trial court directed petitioners to obtain heirship certificate under Bombay Regulation VIII of 1827 before deciding their application for succession certificate under Section 372 of the Indian Succession Act, 1925.
Previous Decisions
Trial court passed an order just prior to delivery of judgment directing petitioners to obtain heirship certificate.
Issues
Whether the trial court could direct the petitioners to obtain a heirship certificate under Bombay Regulation VIII of 1827 before deciding their application for grant of succession certificate under Section 372 of the Indian Succession Act, 1925.
Submissions/Arguments
Counsel for petitioners submitted that there is a distinction between a succession certificate under Section 372 read with Section 374 of the Indian Succession Act, 1925 and a heirship certificate under Bombay Regulation VIII of 1827, and it was not necessary for the petitioners to obtain a heirship certificate when they had prayed for grant of a succession certificate.
Ratio Decidendi
A succession certificate under Section 372 read with Section 374 of the Indian Succession Act, 1925 is sufficient for the purpose of claiming debts and securities, and there is no requirement to obtain a separate heirship certificate under Bombay Regulation VIII of 1827.
Judgment Excerpts
The petitioners had moved an application under Section 372 of the Indian Succession Act, 1925 for grant of succession certificate.
There is a distinction between a succession certificate that is issued under Section 372 read with Section 374 of the said Act and a heirship certificate issued under the Bombay Regulations.
The trial court is directed to decide the application for grant of succession certificate on its own merits within a period of three months from the date of receipt of the order.
Procedural History
Petitioners filed application under Section 372 of Indian Succession Act, 1925 for succession certificate. Trial court directed petitioners to obtain heirship certificate under Bombay Regulation VIII of 1827. Petitioners challenged that order by filing writ petition in High Court.
Acts & Sections
- Indian Succession Act, 1925: Section 372, Section 374
- Bombay Regulation VIII of 1827:
