VINOD Vs. SHARAD

JUDGEMENT

(1.) THIS is a revision against the order passed on 3.9.1990 in Succession Case No. 33/1990by VIIth Additional Judge to the Court of District Judge Gwalior, whereby the Succession Court ordered to grant a Succession Certificate under section 374 of the Indian Succession Act (for short the 'Act') on furnishing security of Rs. 2,000/ - by the grantee, the petitioner.

(2.) SHRI P.D. Agarwal, learned counsel for the petitioner contended that the Succession Certificate was sought by an application under section 372 of the Act for the shares held by the deceased Bala Bhau Pundlik Hardikar and Smt. Annapurna alias Kamlabai w/o Bala Bahau Pundlik Hardikar of M/s. Straw Products Limited, New Delhi. As both holders shares died on 25.10.1989 and 30.3.1989 respectively, leaving behind the petitioner the son, another son Sharad, Lila Devi and Manisha the two daughters. Except these, there are no legal heirs of two deceased. None of them objected for grant of Succession Certificate in favour of the petitioner. Sharad also appeared and stated for grant in favour of petitioner only. Sisters did not appear, but filed their affidavits which were proved by the petitioner and also were admitted in evidence by the Succession Court, hence, the order of requiring security from the grantee/petitioner is not legal.

(3.) A bare reading of the section shows that the requisition of the security or administration of bond is compulsory in two cases, viz: