MANOJ KABEER Vs. FAREEZA SULAIMAN

JUDGEMENT

(1.) The challenge in this revision petition is the order passed by the learned Munsiff on an application filed under section 376 of Indian Succession Act. That petition was filed for extension of succession certificate. Earlier O.P. (Succession) No.14/1996 was filed by the deceased father of the 1st plaintiff under section 372 of Indian Succession Act. Petitioners 2 and 3 were also parties to that proceedings. That petition was mainly filed for issuance of a succession certificate for certain amounts which the petitioners therein were entitled to receive. Hence, succession certificate was issued in that case. Subsequently, the parties came to know that National Defence Gold Bond, which stood in the name of late Sarabi, had attained maturity and was available to be received by the legal heirs of deceased Sarabi. Hence, the petitioners were asked to produce succession certificate entitling them to collect the amount or gold ornaments. On receipt of that letter from the Reserve Bank of India, I.A. No.849/2011 was filed by the petitioners before the Munsiff's Court for extension of the succession certificate issued in O.P. (Succession) No.14/1996. That petition was filed on 20.7.2011.

(2.) The learned Munsiff declined to grant extension of the certificate holding that the petition is barred by limitation. The court below held that since the certificate in O.P. (Succession) No.14/1996 was issued on 19.3.1997 and since the petition was not filed within three years from that date, this application is barred by limitation.

(3.) The learned counsel for the petitioners submits that no period of limitation, as such, is prescribed for extension of a certificate issued under the Indian Succession Act. But the court below held that under Article 137 of the Limitation Act, any other application for which no period of limitation is provided elsewhere in the Act, shall be filed within three years from the date when the right to apply accrues. According to the learned Munsiff the right to apply for extension accrued on the date of issuance of the certificate, which was issued on 19.3.1997.