ANNAPURNA DASEE Vs. NALINI MOHAN DAS

JUDGEMENT

(1.) This appeal arises in connection with an application which has been made for a succession certificate.

(2.) The deceased Sanatan Das died Leaving Government promissory notes and Bank of Bengal shares on which Rs. 4,000 odd were due for interest at the time of his death, and since his death over Rs. 75,000 as farther interest have fallen due. The application is by his widow for a certificate which will enable her to realise interest and dividends due up to the date of her husband s death but not the interest and dividends falling due after his death, or the principal. The object of the application apparently is that the applicant may thereby be exempted from finding a large security which she would have to find if a certificate were applied for in order to recover the principal, interest and dividends accruing both before and after the death of her husband.

(3.) The learned Judge was of opinion that the certificate, as asked for could not be granted. He says: "The law intends that in fit cases security should be taken to protect such claims. The present peculiar limitation is intended to evade the giving of any such security. I am not prepared to make the limited grant prayed for. In the absence of any valid objection by the objector, whom I have not yet heard, I am prepared to make a grant in the ordinary way of power to realise dividends and interest, not limited to a particular date, but generally such as fall due on proper security being given. I find nothing to indicate that it was intended that power should be given to realise dividends for a very short period only, the provisions are for granting power to realise dividends: and practically apart from the question of law there is no good reason for so limiting a grant. I decline to make the limited grant prayed for in all the circumstances. Subject to what I may hear from the other side, I will make a grant in the ordinary way on proper security being given, and not one to enable the applicant to draw Rs. 4,000 odd with security and Rs. 75,000 odd at present and more in the future without security."