Succession certificate
2 years ago
Ram had two brothers, Prakash and Ranuk. Ram got divorced in 2008 and had no children. He made will in favour of his younger brother Prakash and Prakash's son in 2012 as he has been living with them after his divorce. Ram died of cancer in 2020.
Now for Ram's movable property prakash applied for succession certificate and his son , his wife and nagar palika as opposite party. As Ranuk died already in 2011 no one from his family was party.
Prakash got succession certificate from order of 1st civil judge JD.
1) I would like to know is there any ground certificate can be revoked ?
2) to whom appeal shall lie against this succession certificate.
A.1. Yes, there are grounds under which a succession certificate may be revoked. [as per Section 383 of the Indian Succession Act] They are:
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment
from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
It might also be useful to note that a limitation period of 3 years applies on an application for revocation of the certificate.
2. In the case of the award, refusal or revocation of a certificate, a person can appeal against the order of the District Judge to the relevant High Court.
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment
from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
It might also be useful to note that a limitation period of 3 years applies on an application for revocation of the certificate.
2. In the case of the award, refusal or revocation of a certificate, a person can appeal against the order of the District Judge to the relevant High Court.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.1) It is necessary to know when Ram had made Will,whether his movable assets were not considered therein. Succession Certificate can only be applied when the deceased person had not make and published Will in this regard. The Succession Certificate may be revoked for any of the following causes, namely:-
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
2) Appeal shall lie before the Ld. District Judge.
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
2) Appeal shall lie before the Ld. District Judge.
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