SHYAM SUNDARI DEVI Vs. SARTI DEVI

JUDGEMENT

(1.) This is an appeal under Section 384 of the Indian Succession Act and is directed against the order of the learned District Judge dismissing, in limine, the appellants application for a succession certificate in respect of certain ornaments pledged with the Punjab National Bank at Darbhanga. The application has been dismissed as being not maintainable on the ground that the ornaments pledged cannot be said to be either debts or securities its respect of which a succession certificate can be granted.

(2.) In my opinion, the view taken by the learned District Judge is correct. Reading the relevant provisions of the Succession Act especially sections 370 to 381 there does not seem to me any scope for doubt that succession certificate can be asked for and granted only in respect of debts and securities and not for any other kind of property. The ornaments were pledged by the deceased with the Bank by way of security for the debt which the Bank had advanced. It seems, the appellants are ready to pay off that debt and take back the pledged articles. Therefore, the debt in question is not a debt due from the Bank in respect of which a succession certificate is asked for, but the certificate has perhaps been thought necessary in order to enable the appellants to get back the pledged ornaments on payment of the dues in the Bank. In this view of the matter, the appeal has got to fail and is dismissed.

(3.) Respondents Nos. 1 to 10 in the appeal are some relations of the deceased and they have not appeared to make any objection. Respondent No. 11 is the Manager of the Punjab National Bank Limited, Darbhanga Branch, but nobody has appeared on his behalf also. Before I part with this appeal, I may observe that the Bank authorities concerned would sympathetically and favourably consider the claim of the appellants to the pledged ornaments, especially when they are ready to pay off the Bank's dues. They would keep in mind the view of law which has been expressed by me in this judgment that no succession certificate can be asked for and granted in respect of the pledged ornaments in question. That being the position, I hope the Bank authorities would try to see their way to allow the appellants to redeem the pledged ornaments, if there are no other claimants to them and avoid unnecessary expenses and botheration of a litigation between the parties.