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1 - 6 of 6 (0.26 seconds)The Indian Succession Act, 1925
Section 213 in The Indian Succession Act, 1925 [Entire Act]
Shri Banarsi Dass vs Mrs. Teeku Dutta And Anr on 27 April, 2005
9. It was held by Hon'ble Supreme Court of India in case titled
as Banarsi Dass V. Teeku Dutta and Another (2005 (4) SCC 449) that
"The main object of a Succession Certificate is to facilitate
collection of debts on succession and afford protection to parties
paying debts to representatives of deceased persons. All that the
Succession Certificate purports to do is to facilitate the collection
of debts, to regulate the administration of succession and to
protect persons who deal with the alleged representatives of the
deceased persons. Such a certificate does not give any general
power of administration on the estate of the deceased. The grant
of a certificate does not establish title of the grantee as the heir of
SC No.27/10 Page 6 of 10
the deceased. A succession certificate is intended as noted above
to protect the debtors, which means that where a debtor of a
deceased person either voluntarily pays his debt to a person
holding a certificate under the Act, or is compelled by the decree of
a Court to pay it to the person, he is lawfully discharged. The grant
of a certificate does not establish a title of the grantee as the heir
of the deceased, but only furnishes him with authority to collect
his debts and allows the debtors to make payments to him without
incurring any risk. In order to succeed in the succession
application the applicant has to adduce cogent and credible
evidence in support of the application. The respondents, if they so
chooses, can also adduce evidence to oppose grant of succession
certificate."
Section 212 in The Indian Succession Act, 1925 [Entire Act]
Section 370 in The Indian Succession Act, 1925 [Entire Act]
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