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Grant Of Succession Certificate

In the instant case, there are two rival claimant's, one her brother and the other alleging to be husband of the deceased. Court found that the person alleging husband was not proved nor his marriage. Succession certificate to be granted to brother of the deceased. The Trial Court has erred in issuing Succession Certificate to such a person who was not a nominee of the deceased and nor was living with the deceased at the time of her death nor was living with the deceased at the time of her death, nor appears to be a person entitled by his conduct to a Succession Certificate in the facts and and circumstances of the case.

Therefore, the appeal deserves to be allowed . The application of the respondent for succession certificate stands rejected. The application for succession certificate in favour of the appellant is allowed. The trial court is directed to issue succession certificate.

Section 8 of the clearly provide s that the property of the male Hindu dying intestate shall devolve upon the heirs being relative specified in class 1 of the schedule. Secondly ,if there is no heir in class 1 ,then upon heirs , being the relatives specified in class II if the schedule and so on. It is not in dispute that the respondent is an heir as specified in Class 1 , whereas the appellant is an heir of the as specified in class II. Section 9 provides the order of succession among heirs and stipulate that among the heirs specified in the Schedule those in Class I.

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