Act/Law wise: Judgment of Supreme Court of India

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Indian Succession Act, 1925
Section/Order/Article/Rule/Regulation Head Note
Sections 42 to 48

It is clear from scheme of the Act that when intestate has not left behind any lineal descendant and has only kindred, the nearer kindred excludes the distant kindred. The first defendant being a distant kindred is not entitled to succeed any share in the property since the intestate has left behind her real sister. .....B.C. Singh =VS= J.M. Utarid, (Civil), 2018 (2) [5 LM (SC) 33] ....View Full Judgment

Section 372

Succession Certificate–
A Succession Certificate can be granted in an application in which necessary particulars are set out as mentioned in Section 372. There is no dispute that the application made by the appellant set out the aforesaid particulars. Under Section 383, the Certificate so granted could only be revoked for the reasons set out in the said Section. It will be noticed that revocation cannot be granted unless anyone of sub-sections (a) to (e) of Section 383 is satisfied, which is not the case on facts in this appeal. It is clear therefore, that on this ground alone, the learned Sub-Judge was justified in refusing to revoke the Succession Certificate so granted. The High Court was correct in setting aside the Sub-Judge’s order on his finding on res judicata, but that was not the end of the matter. The High Court ought to have gone into the other two grounds, which found favour with the sub-Judge, which it did not do. We set aside the judgment of the High Court and restore that of the learned Sub-Judge. ...Joseph Easwaran Wapshare =VS= Shirley Katheleen Wheeler, (Civil), 2019 (1) [6 LM (SC) 57] ....View Full Judgment