P.K. VISHALAKSHI Vs. THE BANK OF INDIA

JUDGEMENT

(1.) In this appeal filed under Sec. 384 of the Indian Succession Act, 1925 the petitioner who is the sole legal heir and successor of deceased P.K. Hymavathy, challenges the order dated 14-10-2005 passed by the Subordinate Judge, Ernakulam in Succession O.P. 20/05. The said original petition was filed under Sections 371 and 372 of the Indian Succession Act praying for a succession certificate in respect of certain bank deposits totaling to Rs. 1,95,695.73 and in respect of 6 cents of landed property with a building thereon. Even though the Court below as per the impugned order held that the appellant is the sole legal heir of the said Hymavathy who died intestate on 29-1-2004 and allowed the original petition granting a succession certificate in respect of the bank deposits which were detailed in Schedule I of the Original Petition, that Court disallowed relief in respect of the immovable property described in II schedule to the said original petition. It is aggrieved by that part of the impugned order which has declined to grant a succession certificate in respect of the immovable property that the appellant has preferred this appeal.

(2.) We heard Advocate Sri. P.K. Ibrahim, the learned counsel appearing for the appellant. Assailing the impugned order the learned counsel for the appellant submitted that Sections 30 and 192 of the Indian Succession Act will indicate that a succession certificate can be granted in respect of immovable properties as well.

(3.) We are afraid that we find ourselves unable to agree with the above submissions. The fact that the appellant is the sole legal heir and successor of P.K. Hymavathi who died intestate on 29-1-2004 is beyond the pale of controversy. Ext. A2 is the death certificate pertaining to Hymavathi. Her husband Karunakaran had pre-deceased her as evidenced by Ext. A1 death certificate. Part X of the Indian Succession Act, 1925 (hereinafter referred to as "the Act" for short) starting from Sections 370 to 390, deals with succession certificate. Sub-section (1) of Sec. 370 reads as follows :