Court : Jharkhand
..... it is contended that section 387 of the indian succession act,1925 lays down that any decision made under part x of the indian succession act upon any question of right between the parties shall not bar trial of the same question or fact in any suit proceeding between the same ..... counsel has also relied on the decision reported in (2000) 6 scc301and submitted that probate court is a court of limited 6 jurisdiction and a decision regarding the grant of succession certificate made in a proceeding under section 373 of the indian succession act,1925 would not bar any party to the said proceedings to raise the same issue in a suit for partition filed in civil court. ..... reiterated that the said decision, as noticed and discussed above, cannot be made applicable in the facts of the present case as grant of probate does not fall within chapter x of the indian succession act, 1925. ..... view of the mandate of law as per provision of section 46 if the will was hit by the provision of section 46 of the c.n.t act application of grant of probate was fit to be rejected, however, as noticed and discussed above, the application was held to be maintainable by the high court, on evaluation of the documents and evidence adduced an adjudication was made that the testator was a christian and not an oraon, accordingly, the application for grant of probate was allowed. ..... is urged that it is not the duty of the probate court to consider the issue of title of testator as the issue relating to title, ownership etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR214(Jhr)]
..... , : air1957pat435 , while interpreting section 214 of the act, has observed as under :'the relevant provision on the question at issue is contained in section 214(1)(b) of the indian succession act, according to which a succession certificate is required to be produced if a person claiming on succession to be entitled to the effects of the deceased person wants the court to proceed, upon an application made by him, to execute against a debtor of the deceased, a decree or order for the payment of his ..... exactly similar provision was made by section 4(1)(b) of the succession certificate act (act vii of 1889), before the enactment of the present indian succession act.a bench of the calcutta high court in mahomed usuf ..... i entirely agree with the view taken in this case.a reading of the provisions of section 214(1)(b) of the indian succession act makes it perfectly clear that it only bars the institution of execution proceedings by a person claiming on succession and does not bar the continuance of a proceedings which had been instituted by the original decree- ..... in : air1965pat296 , their lordship, while interpreting section 214 of the indian succession act, held that succession certificate is not necessary if the execution case has already been commenced by the original decree holder and if death takes place during the pendency of the execution case, the heirs of the original decree holder are entitled to continue the execution case without production of succession certificate.5. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(3)BLJR2334; [2006(1)JCR37(Jhr)]
..... district judge on the basis of the evidence came to the conclusion that the deceased left behind two brothers also and, therefore, in terms of section 35 of the indian succession act since the appellant knowingly concealed the fact that the deceased died leaving behind brothers and they have not been impleaded as party in the case, the application for grant of succession certificate is fit to be dismissed for non-joinder of necessary party.4. ..... (5) this section shall not apply--(a) to the property of--(i) any indian christian,(ii) any child or grandchild of any male person who is or was at the time of his death an indian christian, or(iii) any person professing the hindu, buddhist, sikh or jaina religion the succession to whose property is, under section 24 of the special marriage act, 1872 (3 of 1872), regulated by the provisions of this act;(b) unless the deceased dies intestate in respect of all his property ..... (3) the provision for the widow made by this section shall be in addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees, with interest as aforesaid and such residue shall be distributed in accordance with the provisions of section 33 as if it were the whole of such intestate's ..... --a widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar109; 2004(2)BLJR1309; [2004(3)JCR299(Jhr)]
..... of 2003 is filed by the respondent in an application under section 372 of the indian succession act. m.a. ..... to section 373(3) of the indian succession act. ..... , the proceedings under section 373 of the succession act is a summary proceeding and there is no final adjudication of title involved in any decision that may be taken by the court in such an application. ..... on an appreciation of the evidence, the court below upheld the plea of the petitioners and granted a succession certificate in respect of a sum of rupees 1,09,000/- (rupees one lakh and nine thousand) remaining in deposit in the punjab ..... that sub-section provides that if the judge cannot decide the right to a certificate without determining a question of law and fact, which seems to be intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he is the person, prima facie, having the best ..... 180 of 2003 made that application claiming that they are the second wife and children of ..... i think that the proper course to adopt is to clarify that the grant of succession certificate in the manner done by the trial court, will not sand in the way of either of the parties approaching the civil court to work out their rights in accordance with law and from establishing their exclusive title or joint title to the estate of ..... therefore, no final adjudication has been made by the court below regarding the status claimed by the parties or the title to the estate of the deceased .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2005Jhar8; [2004(2)JCR641(Jhr)]
..... the learned single judge, even if a summary finding is rendered by the court dealing with an application under section 372 of the indian succession act, the same would not attain finality and the parties will still have to approach the civil court for a final adjudication of their claimed rights to the ..... contended that under section 373(3) of the indian succession act, it was not necessary for the court dealing with an application to come to a final decision and the court could have on a prima facie basis, found the issue and ordered issue of the succession certificate to the applicants.3. ..... application under section 372 of the indian succession act for the issue of a succession ..... it cannot be said that in every case, a court is bound to issue a succession certificate acting under section 373(3) of the act even though the material before it was not adequate to decide the prima facie the status ..... the learned single judge, on a consideration of the relevant aspects, felt that it was not proper to decide the question of the status of the applicants in a summary proceeding like the present and that it would be more appropriate if the parties are relegated to a civil suit for getting an adjudication of the claim of the extent of the ..... the pendency of this letters patent appeal, an interim direction was made regarding payment of dues from the employer and a part of the amounts have been received by the applicants and the other part was permitted to be received by the heirs of the mother of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR762
..... section 387 of the indian succession act, 1925, puts the matter beyond any doubt. ..... the court observed that it was difficult to come to conclusive finding that the applicants, in fact, had absolutely nothing to do with the deceased, though the question remains unanswered that if in certain documents the applicant has not been shown as nominee of the deceased, then why in the other relevant papers, such as paper of settlement dues, the name of objector, k. ..... shankar rao and, therefore, rightlyrejected applicant's claim for grant of succession certificate. ..... inrespect of an application for succession certificate, it does not mean that the findingsgiven thereunder are final and operate as resjudicata. ..... thus, section 387 permits the filing of a suit or other proceeding, eventhough a succession certificate might havebeen granted or refused. ..... it is well-settled that a proceeding for grant of succession certificate is summary in nature and that no rights are finally decided in such proceeding. ..... it categorically provides that no decision under part x, upon any question of right between the parties shall be held to bar the trial of the same question in any suit or any other proceeding between the same parties. ..... so in a subsequent suit the crucialissues must be decided afresh, untrammelledor uninfluenced by any finding made in theproceedings for grant of succession certificate. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(4)JCR433(Jhr)]
..... is will, it appears that appellant-plaintiff is not the executor of the will and under section 276 of the indian succession act, 1925 under which this petition was filed before the learned court below for grant of probate of the will, it is clearly mentioned that petition for probate will contain one of the items of the details mentioned in clause (c) of section 276 which says that when the application is for probate, that the petitioner is the executor named in the will but ..... section 222 of the indian succession act ..... mind and he was not influenced by any other consideration and he was competent enough to execute the will with respect to the properties mentioned in will, although no details of properties have been given in the will but that will not invalidate the will and the finding of the learned court below that probate court cannot grant probate of will in respect of the properties outside the province, is not proper in view of judgment passed in ..... was decided in favour of the appellant but in part and the learned court below while decreeing the suit in part, directed the office to issue letter of probate in favour of the appellant only to the extent of her being appointed executor of the properties mentioned in schedule-1 of the plaint, but put restrictions on appellant that she will not dispose-off or in any manner act which may be detrimental to the interest of heirs ..... however, alternative argument has been made on behalf of the learned counsel for the appellant that letters of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(51)BLJR108; [2003(1)JCR326(Jhr)]
..... the provision of section 192 of the indian succession act, 1925 entitles a person claiming right by succession to property left by the deceased to make an application to the district judge of the district where any part of the property is found or situate for relief of possession of the property if actually possession has been taken by another person, or where forcible means of seizing possession ..... petitioners filed aforementioned application under section 192(1) of the indian succession act, 1925 (in short the said act) against the opposite parties praying inter alia for holding inquiry and also for directing delivery of possession of the property left by the ..... he has rejected the application filed by the petitioners under section 192(1) of the indian succession act, 1925.2. ..... opinion therefore, the court below has rightly rejected the application filed by the petitioners seeking remedy under section 192 of the said act. ..... section 192 to 194 of the said act will not apply to a case where joint family property passes ..... reasons aforesaid, there is no merit in this revision application, which is accordingly dismissed. ..... is provided under the aforesaid provisions which can be availed for possession of property when remedy under ordinary law will cause unnecessary delay and will not serve the purpose. ..... this revision application is directed against the order dated 2.7.2002 passed by the additional judicial commissioner, ..... parties totally denied each and every allegation made in the petition.5. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(1)BLJR586; [2005(1)JCR29(Jhr)]
..... learned counsel further assailed the judgment on the ground that will has not been properly executed in the court as not a single attesting witness has come to say that deed was executed in his presence and he signed as attesting witness and, therefore, will, as per requirement of section 63 of the indian succession act, has not been stand proved and it cannot be said to be a genuine one. ..... the fact of the case in brief is that petitioner-respondent filed a petition for grant of probate under section 276 of the indian succession act, stating therein that one sabitri sahuain, widow of late baijnath sah died issueless on 29.4.1985 and before her death she executed a will in favour of the petitioner-respondent. ..... it is incorrect that applicant gave mukhagni to deceased sabitri sahuain and that he was in possession over the land. ..... schedule a contains the description of the properties, which have been given by will and the amount of liability and other lawful deduction of the said testator is given in schedule b and, therefore, a paper was made by the petitioner-respondent for grant of probate in his favour.3. ..... on this point save and except this, has come on record and this was for the defendant-appellant to prove that she had actually paralytic attack and she was unable to move and fraud etc. ..... she was able to move and evidence has been led to the effect that she walked to the registry office and there at her instance, deed was scribed and she brought the stamp paper etc. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(3)JCR427(Jhr)]
..... wiltshire made an application under sections 192, 193 & 194 of the indian succession act, 1925 against the heirs of mehndi hassan in the court of the 1st additional judicial commissioner, ranchi in execution case no. 1/05 ..... 3 as a new executor, he has got effective remedy for seeking revocation/annulment of the same under the provisions of section 263 of the indian succession act which is a forum where the petitioner can prove all those disputed facts by adducing evidences, if any. ..... his death bhagchand jain & ram chandra mukherjee made an application for grant of probate of the last will and testament of said w.s. ..... it was further held that the probate court had rightly not incorporated the contents of the compromise petition as a part of the decree as the compromise petition could not prevail over the probate which is a judgment in rem and binds the whole world ..... the main contention of the objector mehndi hassan was that the will and codicil were not of william surridge hitchcock and the same were not properly executed and ..... order dated 12.6.1984, the additional collector, ranchi held that the lease will be renewed in favour of the executors who are the legal representatives. ..... he further submitted that since both the executors of the will, probated in the year 1961, having died, the respondent ..... claim of mehndi hassan over 2.70 acres of land was not accepted as he was not the executor of the will and he had already accepted the will in the compromise petition filed in t.s. no. 6/59. .....
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