Succession Act, 1925, Section 372, 213, 57 -- Succession certificate on basis of Will - Will regarding FDR and Savings Account - Will not falling under clauses (a) and (b) of S.57 - Probate or letters of administration not obtained - Bar under S.213(1) is not applicable...........
Succession Act, 1925, Section 372 -- Succession certificate - Application by wife - Objection raised by a lady claiming to be legally wedded wife of deceased - Evidence showing that on date of alleged marriage of objector with deceased, her first marriage with another person was subsisting - Succession certificate directed to be issued to the applicant...........
Constitution of India, 1950, Article 372(1),13 -- Muslim personal law - Would be law in force before Constitution came into being - No difference between the expression existing law and the 'law in force' - Personal law has to be taken as existing law or law in force - Legislature can change or alter the same...........
Succession Act, 1925, Section 372 -- Succession certificate - Necessity of obtaining Succession Certificate arises only where no Will is executed - Proceedings are summary in nature - Party who has prima facie best title is granted a certificate - Person granted certificate does not acquire ownership rights in properly merely by issuance of certificate - In such..........
Succession Act, 1925, Section 372, 373, 375 -- Succession certificate - Scope of enquiry - Proceedings under S.372 are summary in nature - Roving enquiry is not expected - Question of law or fact difficult for determination need not be determined in summary proceedings - Certificate to be issued to one party or other who has prima facie best title after obtaining security..........
Succession Act, 1925, Section 384, 387, 372 -- Succession certificate - Refuse or grant is appealable - High Court may by its order declare the person to whom certificate should be granted - Findings can be reviewed in appeal - Finding regarding divorce of first wife when perverse is liable to be corrected in appeal - It is true that a separate suit is maintainable for..........
Succession Act, 1925, Section 372 -- Succession certificate - Proceedings are summary proceedings - Question of title cannot be adjudicated upon...........
Succession Act, 1925, Section 372 -- Succession Certificate - Application is to be decided in a summary manner - It is not obligatory on court to make inquiry whether application is contested or not but court will be well advised to take some evidence - Objections not filed by appellant inspite of time taken - Certificate granted by court without recording evidence in such..........
Succession Act, 1925, Section 372, 379 -- Succession certificate - Court fee - Payment of Court fee alongwith application is not a pre condition - Court fee can be paid at the time of issue of certificate. (Court - fees Act, 1870, S.6, Sch. I, Art. 12 & Sch. II, Art.1)..........
Succession Act, 1925, Section 372 -- Succession certificate - Legal effect of - It does not confer any title - It merely authorizes the person in whose favour grant has been to give full discharge of liability to the Bank or the debtor...........
