SUNILBHAI PANCHANBHAI MAKWANA Vs. NANIBEN BIJALBHAI SOLANKI

JUDGEMENT

(1.) The present First Appeal impugns the judgment and order dtd. 10/12/2018 passed by the Additional Civil Judge, Bhuj-Kachchh in Civil Misc. Application No.56 of 2016.

(2.) The brief facts leading to the present First Appeal are as under:-

(3.) The learned counsel appearing for the appellant submits that the learned Trial Court has misread the provisions of Sec. 372 of the Indian Succession Act. He submits that the appellant herein has prayed for the Succession Certificate to the movable and immovable properties, and the retiral benefits of the deceased brother, who had died issueless and his wife had also pre-deceased him. He submits that the sisters of the deceased- Sukdevbhai Panchabhai Makwana had also consented for grant of Succession Certificate to the appellant and they had no objection for the same. He submits that the appellant was only the legal heir. Learned counsel for the appellant has relied on the judgment reported in 2017 SCC Online Del 7963 of the Delhi High Court, wherein, the High Court has granted the Succession Certificate holding that it is the entitlement to the estate/movable properties which is to be ascertained in favour of the person making such application for the formal Succession Certificate to be issued. No other contentions have been raised by the learned counsel for the appellant.