Andhra HC (Pre-Telangana)
Khader Bee And Ors. vs Mohammad Vazir And Ors. on 27 February, 2001
Equivalent citations: 2001(2)ALT513
Author: I. Venkatanarayana
Bench: I. Venkatanarayana
ORDER I. Venkatanarayana, J.
1. The short question that falls for consideration in the present Civil Revision Petition is whether the Succession Certificate as contemplated under Section 214 of the Indian Succession Act, 1925 is required for the purpose of executing a decree obtained in the suit for partition of immovable properties.
2. The factual matrix in filing the present revision petition is set out hereunder: The petitioners are the plaintiffs. They have filed O.S.No. 243 of 1981 on the file of the learned Principal Junior Civil Judge, Karimnagar and obtained a decree. Pursuant to the decree, the petitioners have filed Execution Proceedings. Meanwhile one of the decreeholders died. The Executing Court took the stand that in the event of the death of a decreeholder; Succession Certificate is necessary as per Section 214 of the Indian Succession Act.
3. It is to be noticed that in the present case the decreeholders have filed Execution Proceedings pursuant to the decree obtained in the suit for partition and as per Section 214 of the Indian Succession Act, Succession Certificate is required for the purpose of recovery of any debt. The word 'debt' has been defined under subsection (2) of Section 214 of the Indian Succession Act, which clearly specifies that the word debt includes any debt except rent, revenue or profits payable in respect of land used for agricultural purpose. The question raised in this revision petition has been considered by this Court in Rama Seshagiri Rao v. N. Kamalakumari, . This Court while interpreting Section 214 of the Indian Succession Act has held as under:
"Where execution petition was filed by the legal representative of the deceased decreeholder for execution of the decree for maintenance with charge the legal representative would not be required to obtain a Succession Certificate before executing the decree for maintenance and for execution of a decree for costs.
XXX XXX XXX A suit to recover money due on a simple mortgage by sale of the mortgaged property is a suit for recovery of debt, but it is a suit to enforce a charge on immovable property and no succession certificate need be obtained by the heirs of the mortgagee to recover the money, therefore, an application for execution of a mortgage decree for realisation of the amounts by sale of the mortgaged property is not an application to obtain an order for payment of bebt."
4. In another case in S. Rajayalakshmi v. Smt. S. Sitamahalakshmi, this Court considered the applicability of Section 214 of the Act. This Court held that the Succession Certificate is necessary, if a debt is sought to be recovered, for the purpose of other items of the decree, Succession Certificate is not necessary. In the present case, execution proceedings have been filed in pursuance of the decree obtained in the suit for partition of immovable properties. Hence, succession certificate is not required as contemplated under Section 214; since it is not a debt within the meaning of subsection (2) of Section 214 of the Indian Succession Act.
5. In view of the above legal position, the revision petition is allowed setting aside the order under revision.
6. The learned Counsel for the petitioners submits that the E.P. has not been registered and no notices were served. The lower Court is directed to register the E.P. and decide the matter on merits.
7. The Civil Revision Petition is allowed accordingly. No costs.