RITINBHAI DILSUKHBHAI BAXI Vs. BIDHIN MANHARBHAI BAXI

JUDGEMENT

(1.) This Court is confronted with a question, as to whether a succession certificate could be granted jointly to more than one person and with incidental question, as to whether such certificate could also be issued in the joint names of the person, who was objector and not the applicant?

(2.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 is filed by the original applicant, who had preferred Civil Miscellaneous Application No. 103 of 2003 in the Court of learned 10th Additional Civil Judge, Junagadh under Section 372 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act') praying for grant of succession certificate in respect of the debts and securities of deceased Diliprai Sanatanrai Baxi.

(3.) In the said application, the respondent herein lodged his objections, wherein it was pointed out that deceased Diliprai Sanatanrai Baxi had died leaving no heir but as per the 'Pedigree' provided in the objections, there were several persons, who were closely related to deceased Diliprai Sanatanrai Baxi, still the applicant did not disclose in application the facts about other heirs. This objection was accompanied by affidavit wherein it was categorically stated that the applicant was not the sole heir of deceased Diliprai Sanatanrai Baxi but the deponent/respondent was also one of the heirs of deceased Diliprai Sanatanrai Baxi and in such circumstances, the applicant was not the only person entitled to get succession certificate under the law. It is further stated that succession certificate should be issued in the name of all heirs.