IN THE MATTER OF MOHANAPRAKASAM Vs. STATE

JUDGEMENT

(1.) A petition under Section 370 of the Indian Succession Act has been filed by one Sarojini as guardian of a minor for the grant of succession certificate. It is stated in that petition that one Pachayappa Mudaliar who was ordinarily residing at Chinegleput died intestate at Chingleput on 18 -12 -1958 leaving behind the property mentioned in the petition and leaving behind as his heirs the petitioner who is the widow of his pre -deceased son, his grandson Mohana Prakasam and his second son Thillai Natarajao and even during the lifetime of the deceased 2 partition suit was filed by the petitioner and her minor son in C. S. No. 109 of 1954 on the file of this court against the late Pachayappa Mudaliar and his wife and Thillai Natarajan and by a decree dated 3 -1 -1957, this court allotted certain Items to the minor Mohanaprakasam and three life insurance policies which are the subject -matter of this petition, were directed to be assigned by the deceased Pachiappa Mudaliar in favour of Mohana -prakasam, but before the assignment deed was executed Pachiappa Mudaliar died and an assignment deed was executed by the heirs of the deceased on 6 -7 -1961; but the Life Insurance Corporation, declined to act upon the decree passed in C. S. 109 of 1954 or the assignment deed without a succession certificate.

(2.) THE Office returned the petition with an endorsement as follows: 'Since the deceased was not an ordinary resident within the jurisdiction of this court at the time of his death, it may be stated how this petition can be filed in this court without any impediment to the provisions of Section 371 of the Indian Succession Act.' The petition was represented with the following endorsement 'in C. S. 109 of 1954 op the file of this Honourable Court, this particular item was allotted to the minor. Although normally the L. I. C. could act on the decree copy, they still want a succession certificate. As this Honourable Court in exercise of its original jurisdiction has allotted this item to the minor, I submit that this court can issue succession certificate. If there is doubt the matter may be posted before court.' Hence the matter was posted foe hearing and I have heard the counsel for the petitioner.

(3.) IT is however contended by the learned counsel that inasmuch as in C.S. 109 of 1954 on the file of this court a decree has been passed whereby certain items have been allotted to the minor Mohanaprakasam and directions have been given to the deceased to assign three life Insurance policies in favour of the minor, this court could deal with the matter. But the fact that in that suit a decree was passed with, reference to some of the properties specified in the schedule to this petition would not confer jurisdiction on this court to issue a succession certificate: in view of the clear provisions, of Section 371 of the Indian Succession Act. Hence this petition is ordered to be returned for presentation before the proper court.