Justice Javed Iqbal Wani of Jammu and Kashmir and Ladakh High Court in a retrial against a decision made by the District Court, Srinagar in which a succession certificate was issued in favour of both the parties to the case, distributed a sum of 6 lakh between both of them. The matter concerned Section 384 of the Indian Succession Act, 1925.
It was held by Jammu and Kashmir and Ladakh High Court that proceedings held under Indian Succession Act, 1925 for allotment of a succession certificate are summary proceedings and do not bestow any title to a sum in favour of the certificate holder. (Section 373 of Indian Succession Act, 1925)
The appellants who were the parents of the deceased contended that in its order the Trial Court had lucidly made an observation regarding the fact whether the respondent was divorced by the deceased husband or not can be established only by a Civil Court but it was difficult for them to understand that then how the Trial Court gave a verdict that respondent is the deceased’s widow and not divorcee.
To this, the Court clarified that under this Act, the Court has to limit itself to query of a right to the certificate and could not decide title, character or reality of the contention.
The Court supported its above clarifications by referring to the Supreme Court rulings given in K. Prahalada and others v. State of Karnataka and others, wherein it was held that:
“A succession certificate is granted for a limited purpose. A court granting a succession certificate does not decide the question of title. A nominee or holder of succession certificate has a duty to hand over the property to the person who has a legal title thereto. By obtaining a succession certificate alone, a person does not become the owner of the property.”
Justice Wani after reflecting on Section 387 i.e. Effect of decisions under this Act, and liability of holder of certificate thereunder.—No decision under this Part (Part X) upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefor to the person lawfully entitled thereto. Section 387 allows the filing of a suit or other proceeding even though a succession certificate might have been allotted, the bench observed.
The court further declared that ruling of the Trial Court regarding status of respondent as widow instead of divorcee cannot be held as the determination of her title.
“However, the said observation even if assumed to have determined the status of respondent 1 as widow instead of a divorcee, same will be subject to determination and adjudication by the civil court under and in terms of provisions of section 387”, the bench ruled.
In view of the above observations and rulings, the Court declined retrial and intervention.
Title of the case was Sheikh Mohammad Amin and another Vs Yasir Farooq and others. The counsel for Petitioner was Mr. S. R. Hussain and counsel for Respondent was Ms. M. S. Latief, Advocate with Mr. Zahid Advocate Mr. Aasif Wani, Adv. Vice Mr. Altaf Haqani, Sr. Advocate.
Written by Sonakshi Misra, 2nd year (4th semester) B.A.LL.B. Hons. Student at Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur, an intern under Legal Vidhya.
