TARUN KUMAR NEOGY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal from the judgement and order dated 25th June, 2018 passed by a learned single Judge is admitted. By consent of the parties it is heard out today and disposed of by this Judgement and order. It appears that the only reason why the permit in favour of the appellant's deceased brother is not being transferred to him is that he has not furnished a succession certificate of a competent Court in his favour.

(2.) We have examined the law on the subject. Section 370 of the Indian Succession Act, 1925 provides that a succession certificate shall not be granted for any debt or security for which Letters of administration or probate has to be obtained.

(3.) In Section 372(1)(f) it is stated that the application for this certificate should mention the debt and security in respect of which the certificate is applied. Section 374 of the said Act specifies the contents of the certificate as relating to debts and securities only with the power to receive interest, dividends and transfer the same etc.