The scope to determining the shares of the parties wouldn’t be accessible in proceedings for grant of succession certificates beneath the Indian Succession Act, 1925, the High Court of Karnataka has mentioned.
“Moreover, grant of succession certificate merely identifies the hands in which the death benefits/debts/securities be given and it does not entitle such person to appropriate such securities, debts etc. to himself. Grant of succession certificate will not determine the rights of the parties in any way,” the courtroom noticed.
Justice C.M. Joshi handed the order whereas upholding the judgements of taluk and district courts of Kalaburagi in granting succession certificates to solely the spouse and minor son of one Nagappa, who died in 2008.
The trial courts had rejected the declare of Mr. Nagappa’s mother and father for grant of succession certificates collectively to them additionally. The mother and father needed their inclusion in succession certificates to stake declare for the service advantages of their deceased son.
“Section 373 of the Act merely lays down that the court is required to be satisfied that there is ground for entertaining the application namely by a person who desires to make a claim. It is not necessary for the court to enter upon other questions involved. The entitlement of the benefits or other issues which would be consequence of such character, which cannot be litigated upon on an application for succession certificate cannot be gone into,” the High Court mentioned.
The High Court mentioned that the trial courts got here to a correct conclusion in granting succession certificates solely to the spouse and son, and giving liberty to the mother and father to method the right discussion board for their declare over service advantages.
However, the High Court made it clear that the daddy of Mr. Nagappa just isn’t entitled for the Hindu Succession Act Class-I inheritor of deceased, as it’s mom alone is handled as makes it clear that the mom alone occurs to be the Class-I inheritor of the deceased.
