Case Note & Summary
The petitioners, Gangamma and Gurupadappa Swadi, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging the orders passed in P & SC No.33/2009 by the III Addl. Civil Judge (Jr.Dn.) at Gulbarga dated 31.01.2011 and the judgment in Misc. Appeal No.3/2011 by the IV Addl. District Judge at Kalaburagi dated 16.09.2011. The respondents, Pratibha and her minor son Pratik, had applied for a succession certificate in respect of the estate of late Nagappa Swadi. The petitioners claimed that they were interested parties as they were the parents of the deceased and were entitled to a share in the estate. However, the trial court granted the succession certificate without issuing notice to them. The appellate court confirmed the order. The High Court found that the courts below had failed to comply with the mandatory requirement under Section 372 of the Indian Succession Act, 1925, which requires notice to all persons claiming an interest in the estate. The court held that the orders were passed in violation of principles of natural justice and set them aside, remanding the matter to the trial court for fresh disposal after issuing notice to the petitioners. The revision petition was allowed.
Headnote
A) Succession Certificate - Notice to Interested Parties - Section 372 Indian Succession Act, 1925 - The court held that issuance of succession certificate without notice to all persons having an interest in the estate of the deceased is a violation of principles of natural justice and the statutory requirement under Section 372 of the Act. The impugned orders were set aside and the matter remanded for fresh consideration after issuing notice to the petitioners. (Paras 1-5)
Issue of Consideration
Whether the orders granting succession certificate without notice to the petitioners (who are interested parties) are sustainable in law.
Final Decision
The civil revision petition is allowed. The impugned order dated 31.01.2011 in P & SC No.33/2009 passed by the III Addl. Civil Judge (Jr.Dn.) at Gulbarga and the judgment dated 16.09.2011 in Misc. Appeal No.3/2011 passed by the IV Addl. District Judge at Kalaburagi are set aside. The matter is remanded to the trial court for fresh disposal after issuing notice to the petitioners and affording them an opportunity of hearing.
Law Points
- Succession certificate
- Natural justice
- Notice to interested parties
- Section 372 Indian Succession Act
- 1925
- Section 115 CPC
- Revision jurisdiction
