INTRODUCTION
When a person dies, the property which he had left is transferred, to others either according to his will or according to the law of succession The succession certificate is a formal document that attests to the qualification of a person as entitled to collect some debt or securities by entitled person Any person who has attained the age of majority and has beneficial interest can apply for succession certificate.
RELEVANT PROVISIONS
Sections 370-390 of the Succession Act 1925 deal with the succession certificate.
LITERAL MEANING
The term succession certificate means that the instrument through which succession is made or a document by execution of which the succession is made or done is called succession certificate.
DEFINITION OF SUCCESSION CERTIFICATE
A succession certificate is a document certifying the entitlement of a particular person or persons to the succession of a deceased person.
OBJECT OF SUCCESSION CERTIFICATE
The object of the succession certificate is to facilitate the collection of debts and afford protection to parties paying debts to the representatives of the deceased person to whom the obtaining of probate or letters of administration is not made compulsorily under the Act.
JURISDICTION OF THE COURT
The district judge within whose jurisdiction the deceased ordinary resided at the time of the death, or if at the time he had no fixed place of residence, the district judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.
APPLICATION FOR SUCCESSION CERTIFICATE
The application shall be made to the district judge for the certificate.
REVOCATION OF SUCCESS CERTIFICATE
Meaning of Revocation: Revocation means cancellation
Who can Revoke: Only the competent court of jurisdiction can revoke the succession certificate.
GROUNDS OF REVOCATION OF SUCCESSION CERTIFICATE
The grounds for revocation of the succession certificate are under
1. Defective Proceeding
The succession certificate can be revoked on the ground that the proceeding was defective in the substance.
2. Element of Fraud
That succession certificate was obtained fraudulently by making a false succession.
3. Concealment of Fact
That succession certificate was obtained by concealment from the court of something material to the case.
4. Untrue Allegation
The certificate was obtained using an untrue allegation of the fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently.
5. Inoperative Certificate
That the certificate has become useless and inoperative through circumstances.
WHO CAN APPLY FOR REVOCATION
The application for the revocation may be made by a person having an interest in the succession certification.
LIMITATION PERIOD FOR REVOCATION
The revocation can be made at any time (no period) by the competent court of the jurisdiction.
APPEAL
An appeal shall lie against the order of the district judge to the High Court
CONCLUSION
It is concluded that on different grounds under the Succession Act, a succession certificate can be revoked by the court. Any person who has an interest in the certificate can apply for the revocation. The application for revocation should be made to the court which granted the certificate. An appeal shall lie against the order of the district judge to the high court.
