Law: Succession Act, 1925

Section: 383,387,372

Law: Succession Act, 1925

Section: 383,387,372

(a) Succession Act (XXXIX of 1925)-------Ss. 383, 387 & 372---Revocation of succession certificate---Procedure---Order passed under Succession Act, 1925 or proceedings thereunder--- Nature--- Res judicata, principle of--- Applicability---Scope---Succession certificate was granted to appellant whereafter application of respondents under S.383 of the Succession Act, 1925 for revocation of said succession certificate was allowed---Trial Court further held the surety of appellant under obligation to pay other legal heirs their share according to Islamic Law---Validity---Application for revocation of succession certificate had been filed after a lapse of three and a half years and said application had not been signed/thumb impressed by the respondents---Respondents, throughout the proceedings before the Trial Court, did not file any affidavit or lead any evidence in support of the contents of their application for revocation of certificate---While there was no time limit prescribed for filing an application for revocation of the certificate under section 383 of the Succession Act, 1925 but at belated stage of the present case, revocation of the certificate on the basis of an incompetently filed application was unwarranted and same would not serve any lawful purpose as there were no more amounts lying in the accounts of the deceased---Order of Trial Court holding appellant's surety under obligation to pay amount in case appellant failed to pay other surviving legal heirs of the deceased according to Sharaie Fatwa, was erroneous and Trial Court had travelled beyond scope of the Succession Act, 1925---Under the Succession Act, 1925; the Trial Court could neither determine the entitlement of legal heirs nor could direct payments of the same to the legal heirs---Grievance of the respondents in relation to their entitlement to shares in accounts of the deceased could only be redressed by a court of civil jurisdiction---Proceedings under Succession Act, 1925 were summary in nature and no decree sheet capable of execution could be drawn during the same---Under S.387 of the Succession Act, grant of certificate did not establish title to the amounts drawn and same did not…

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