Law: Succession Act, 1925

Section: 278,376,383

Law: Specific Relief Act, 1877

Section: 42,54

(a) Succession Act (XXXIX of 1925)--- ----Ss.278, 376 383---Specific Relief Act (I of 1877), Ss.42 54---Suit for declaration and injunction---Gift deed---Succession Certificate---Amendment of pleadingss were daughters of deceased owners of suit properties and their only brother had died earliers assailed declaration of gifts of immovable properties made by their parents in favour of their deceased brother in his life time---After death of brother of plaintiffs succession certificate was issued in favour of parents regarding suit properties---Validity---Gift was a registered document which was not challenged by plaintiffs on the ground of any fraud or misrepresentation by beneficiary in acquiring the gift---Nor the donor (father of plaintiffs) at relevant time was otherwise not legally competent to execute gift to his son owning to some legal disability---No amendment of pleadings could be allowed in disposed of matter---In disposed of succession petition only extension of Letter of Administration was permissible under S.376 of Succession Act, 1925, on subsequent discovery of any other estate of deceased which inadvertently or for any reason could not be mentioned in original succession petition---Succession certificate could also be revoked on the grounds provided in S.383 of Succession Act, 1925---No concept of amendment of disposed of memo of petition for Letter of Administration in respect of one identified deceased on subsequent death of another person who was legal heir of the deceased whose petition had been disposed of prior to the death of the other person---Under the law of succession, it was not permissible that a common petition / application was entertained for grant of succession certificate / Letter of Administration pertaining to assets of more than one deceased particularly when legal heir of two deceased were not common, irrespective of the fact that assets were inherited by one of them from the other person---Suit was dismissed, in circumstances. (b) Succession Act (XXXIX of 1925)--- ----S.278---Civil Procedure Code (V of 1908), O.VI, R1. O.VII, R.1---Petition for succession certificate---Nature---Petition under S.278 of Succession Act, 1925,…

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