B.MANOMOHAN Vs. RAMA DASA MISSION

JUDGEMENT

(1.) THE court below has by the order impugned only held that an original petition for the grant of a Succession Certificate is maintainable. Whether the Succession Certificate has to be granted or not to the applicant is yet to be decided by the court below on evidence. A Succession Certificate even if granted merely authorises its holder to collect the debt due to the deceased as a trustee and does not however decide its title. A reference to the decision in Lalithambika v. Nil [2014 (3) KLT 291] is apposite wherein it is observed as follows: - "5. A Succession Certificate under the Indian Succession Act, 1925 can be granted only in respect of 'debts' or 'securities' to which the deceased was entitled. The main object of a Succession Certificate is to facilitate collection of debts on succession and afford protection to the parties paying debts to the representative of deceased persons. A Succession Certificate merely authorises its holder to collect the debt due to the deceased as a trustee and does not however decide its title. A decision in such proceedings under OP (C) No.2901 of 2013 2 S.372 of the Indian Succession Act, 1925 would not also operate as res judicata in any subsequent suit." 2. I hasten to add that the order granting Succession Certificate if any is very much appealable under Section 384 of the Indian Succession Act, 1925.

(2.) THE holder of such a Succession Certificate can only hold the property as a trustee and the same does not confer any title on the holder. The observations to the contrary in the order impugned which is extracted hereunder is hereby set aside. "Sree Ramadasa Mission is entitled to get the rights and title or the debts and securities held by Sathyananda Saraswathi by virtue of clause 28(i)." 3. The court below is directed to expedite the proceedings after hearing the contentions of all the parties including the question as to whether the applicant is entitled to the grant of a Succession Certificate or not. The Original Petition is disposed of. Sd/