Succession Certificates Under Indian Succession Act 1925 Do Not Confer Any Titles: Jammu & Kashmir High Court Explains

The Jammu and Kashmir and Ladakh High Court has recently ruled that the proceedings for grant of a succession certificate under the Indian Succession Act 1925 are of summary nature and do not confer any title to the amount in favour of the certificate holder.

The observations to this effect were made by Justice Javed Iqbal Wani while hearing an appeal filed in terms of section 384 of the of Indian Succession Act, 1925 against an order passed by the court of District Judge, Srinagar whereby it had issued a succession certificate in favour of the respondent/applicants as also in favour of appellants/non-applicants, apportioning the amount of Rs. 6 lakhs of the deceased amongst them.

In their memorandum of appeal the appellants (parents of deceased) submitted that the trial court had in its order clearly observed that the factual position with respect to whether respondent was divorced by her late husband or not can only be established by a civil court. Having rightly reached this conclusion, it is difficult to comprehend how the trial court has gone ahead to hold that respondent is the deceased's widow and not a divorcee, it was contended.

Adjudicating upon the matter, Justice Wani observed that the proceedings for grant of succession certificate under the Act of 1925 are of summary nature and do not confer any title to the amount in favour of certificate holder. The court under the Act has to confine itself entirely to the question of a right to certificate and not to decide upon the title, reality or character of the claim, the bench underscored.

In order to explain the law on the subject the bench found it worthwhile to record the observations of supreme in C. K. Prahalada and others v. State of Karnataka and others, wherein SC held,

"A succession certificate is granted for a limited purpose. A court granting a succession certificate does not decide the question of title. A nominee or holder of succession certificate has a duty to hand over the property to the person who has a legal title thereto. By obtaining a succession certificate alone, a person does not become the owner of the property.”

Deliberating on Section 373 and 387 of the Indian Succession Act Justice Wani explained that the proceedings for grant of succession certificate are summary in nature and that no rights are finally decided in such proceedings. Furthermore, section 387 categorically provides that no decision under Part X upon any question of right between the parties shall be held to bar the trial of the same question in any suit or any other proceeding between the same parties and thus Section 387 permits the filing of a suit or other proceeding even though a succession certificate might have been granted, the bench highlighted.

The court pointed that observation of the court below qua the status of respondent as widow instead of divorcee cannot said to be the determination of her title.

"However, the said observation even if assumed to have determined the status of respondent 1 as widow instead of a divorcee, same will be subject to determination and adjudication by the civil court under and in terms of provisions of section 387", the bench added.

In view of the said legal position the bench declined interference and dismissed the appeal.

Case Title: Sheikh Mohammad Amin and another Vs Yasir Farooq and others

Citation: 2023 LiveLaw (JKL) 80

Coram: Justice Javed Iqbal Wani

Counsel For Petitioner: Mr. S. R. Hussain

Counsel For Respondent: Ms. M. S. Latief, Advocate with Mr. Zahid Advocate Mr. Aasif Wani, Adv. vice Mr. Altaf Haqani, Sr. Advocate

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