If the succession certificate was applied and granted on legit documents with proper jurisdiction it can be defended further though there is no limitation for revocation of succession certificate the limitation has to be contested on merits.

What are grounds taken in the revocation application??

Certificate can be only revoked of element of fraud concealment of fact or defective proceeding .

Sir you can try but in such issue the Lower court will examine the application and the high court wont grant stay till the time it is not apparent from the records.

application can be filed under Section 383 of the Act, 1925 for revocation of the succession certificate, inter alia on the ground that the succession certificate was obtained by concealing material facts from the Court without impleading them, therefore, the said certificate is liable to be revoked.

2) you have not menationed the reasons mentioned in revocation application

Quashing is to be done only in exceptional circumstances

State detailed facts of your case

First of all you have to apply in the same court for stay in case it is denied by the same court then you can move to the High Court for the stay.

Only the competent court of jurisdiction can revoke succession certificate.

Citation

Smt. Girijabai vs State Of M.P. And Ors.

1) The same succession certificate order appeal time has been passed away, however other party may questions regarding this certificate but need to prove in the court or challenge the succession order.

If you need citation regarding your same facts case, we can provide you that.

Dear Sir,

Without seeing the contents such petition filed by other side one cannot answer your answer.

Such applications are not unsual but may not stand for judicial scrutiny. Share the same and strong objections can be prepared so that it can be thrown at the threshold/admission stage on the ground of limitation.

SC Court says a party sleeping for years together and can not approach the Court and no relief could be given to such party.

Stay orders depends upon the prayer he made. Let us see the possibilities.

1. The Court can cancel /revoke the "succession certificate", IF it is documentarily proved that the certificate was obtained by misleading & forged documents.

2. Further application for revocation can be filed only by the residual legal heir of the deceased and not by anybody else.

3. No point in getting a Stay from High Court. It is better to challenge the same with proper documentations and witnesses, to clear ground for future, else such nuisances will keep coming up.

Keep Smiling .... Hemant Agarwal

An application for revocation of Succession Certificate can be filed under Section 383 of The Indian Succession Act to the same court which has issued the Succession Certificate if any one of the grounds for revocation of the succession certificate as is manifest on a perusal of Section 383 of the Indian Succession Act, 1925 are attracted.

Dear Client,

Certificate can be revoked, if same is found to be obtained fraudulently by making a false suggestion or by concealment from the Court some material facts related to the case.

ON what ground it is challenged.

Stay will grant by same court not directly by High Court.

Hello,

File a reply on the ground that the application for revocation is highly time barred

No, you can not get a stay from HC at this stage.

However, you may share the relevant documents with an advocate for a concrete advise.

Regards

Only an appeal lies and not revocation.

The court has already passed an order in this regard, however make sure that this is a contested case and not an exparte order.

Can I get stay from high court on proceeding senior civil judge court untill quash in high court

If it was a contested decree, then the court cannot entertain any application to set aside its order, because the same court has no power to reopen the same , however if it was an exparte decree then the court may allow a petition seeking to set aside if the reasons stated therein are valid and genuine.

You ascertain the fact and then decide about proceeding through high court.