The scope to determining the shares of the parties would not be available in proceedings for grant of succession certificate under the Indian Succession Act, 1925, the High Court of Karnataka has said.
“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 court observed.
Justice C.M. Joshi passed the order while upholding the judgements of taluk and district courts of Kalaburagi in granting succession certificate to only the wife and minor son of one Nagappa, who died in 2008.
The trial courts had rejected the claim of Mr. Nagappa’s parents for grant of succession certificate jointly to them also. The parents wanted their inclusion in succession certificate to stake claim for the service benefits 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 said.
The High Court said that the trial courts came to a proper conclusion in granting succession certificate only to the wife and son, and giving liberty to the parents to approach the proper forum for their claim over service benefits.
However, the High Court made it clear that the father of Mr. Nagappa is not entitled for the Hindu Succession Act Class-I heir of deceased, as it is mother alone is treated as makes it clear that the mother alone happens to be the Class-I heir of the deceased.
