KRISHNA SOBTI Vs. STATE

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 04.09.2015 wherein the Appellate Court while dealing with the application of the petitioner under Section 372 of the Indian Succession Act, 1925 (hereinafter referred to as the ,,said Act) for grant of a succession certificate qua the securities left by the deceased had been dismissed.

(2.) This finding of the Appellate Court was a re -endorsement of the finding returned by the first Court i.e. the Court of Civil Judge.

(3.) The proposition canvassed before this Court is that the provisions of Section 372 of the said Act have not been interpreted in the correct manner. The embargo of Section 213 of the said Act would not be applicable as admittedly in the Union Territory of Delhi, a probate is not required; the law being settled that the Will of a deceased husband is not required to be probated, the question of applying for probate for delivery of a succession certificate could not have thus arisen. This provision has been mis - interpreted in the impugned order.