Legal Question in Civil Rights Law in India

the original petition for succession certificate under indian succession act, 1925 without respondent filed before additional sub judge in 1993. The court issued succession certificate in 1993. In 1994 , someone filed petion for set aside the exparte decree, and also petition for implead parties. Both the petitions were allowed. Then the court ordered for steps to amend the petition to implead parties number of times. this petitin was transferred to district munsif court , then this ordered the same for several times. Lastly the court dismissed the petition for default in 1996. Now the question is the succession certificate obtained in 1993 is valid or not. If invalid , how it can be make valid?


Asked on 7/22/13, 9:38 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.07.2013

Dear Sir / Madam,

Since the Court has dismissed the petition for default in 1996 reverting back to the position of the Succession Certificate issued in 1993. The Succession Certificate issued by the Court in 1993 is valid and the executor should action the transfer of title of the deceased's property in the name of the legal heirs named in the Succession Certificate.

Regards,

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Answered on 7/22/13, 9:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since the ex parte decree [i.e. grant of succession certificate in 1993] was set aside on the application of the defendants and you were directed to amend the petition by impleading them, the original succession certificate is no more valid having been set aside.

You may, however, apply for a fresh certificate if your cause is within limitation. You may better consult a lawyer to advise your remedies who may go through your entire case file and take appropriate decision.

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Answered on 7/22/13, 6:19 pm


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