RIZWANA Vs. CIVIL JUDGE

JUDGEMENT

(1.) PART X of the Indian Succession Act deals with the property in respect of which the succession certificate may be granted, to whom it may be granted, who may grant it, and the procedure for granting a succession certificate. The purpose of granting a succession certificate is to facilitate the collection of debts and afford protection to the parties paying the debt to the representative of the deceased person. The grant of a succession certificate in favour of a particular person does not determine the question of title of the property in respect of which the succession certificate has been granted. It only enables the holder of the succession certificate to collect the debts and security due to the deceased person. The grant of a succession certificate merely confers on its holder an authority to realise the debt of the deceased and give a valid discharge to the debtor. It is the duty of the holder of the succession certificate to dispose of the amount in the proportion in which the heirs are entitled to it.

(2.) IN proceedings initiated under Sections 372 and 373 of the Indian Succession Act, the Court does not enter into intricate questions of title. The Court only issues the certificate to the person who has the best claim and prima-facie title and leaves the parties to get the question of title decided by a regular suit if they so desire.

(3.) ANY person, who has a beneficial interest in the debt or security may apply for a succession certificate. Upon an application being filed for a grant of succession certificate, the Court is required to make a summary enquiry. It is not the function of the court to determine the question of title. The only matter after the service of the notice that the Court is required to decide is the right of the applicant concerned, that is to say, that the Court is required to inquire whether the applicant is the representative of the person to whom the debt was alleged to be due. The Court is not required to inquire into the existence or non-existence of the debt. Under Section 373 (3) of the Act, the Court could grant a succession certificate to the applicant if the applicant appeared to be the person having a prima-facie, the best title thereto.