• Revocation time limit for succession certificate

I have got succession certificate and some one filed petition for revocation is there no time limit applicable
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

The revocation of succession certificate can be done any time on ground as mentioned under section 383 Indian succession Act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

3 years limitation is not applicable in this case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

383. Revocation of certificate.-A certificate granted under this
Part may be revoked for any of the following causes, namely:--
(a) that the proceedings to obtain the certificate were
defective in substance;
(b) that the certificate was obtained fraudulently by the
making of a false suggestion, or by the concealment
from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue
allegation of a fact essential in point of law to
justify the grant thereof, though such allegation was
made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative
through circumstances;
(e) that a decree or order made by a competent Court in a
suit or other proceeding with respect to effects
comprising debts or securities specified in the
certificate renders it proper that the certificate
should be revoked

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes three year time line applies in case of succession certificate also

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

But limitation will apply from the date when the other person gained knowledge about the same

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Also he has the liberty to approach the court with an application for condonation of delay

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

Limitation of 3 years applies to most of the registered documents as such he may take necessary defence.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Revocation canbe made at any time by court of competent jurisdiction on grounds of fraud ,concealment of material facts etc 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

3 years limitation period is not applicable 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You don’t need citations

court can revoke succession certificate at any point of time 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

No specific limitation given in the act to revoke succession certificate, hence limitation is 3 years. Separate civil suit will file in same level court.

Certificate can be revoked on limited available grounds.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

The revocation of succession certificate can be done any time on ground as mentioned under section 383 Indian succession Act. 3 years limitation is not applicable in this case. Dear Sir, Limitation of 3 years applies to most of the registered documents as such he may take necessary defense.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

It's 3 years and it starts from knowledge of the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The revocation can be made at any time by the competent court of the jurisdiction

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Smt. Padma And Ors. vs Smt. R. Manjula And Ors. on 18 March, 2002

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If someone has filed a petition for revocation of the order of succession certificate issued by court then you may have to appear before court and raise your objections towards the petition  

In your objection you can mention that the same is  barred by limitation provided this is filed after three years of the orders passed.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Whether the three years period is applicable or not will be decided by  court, however you can very well raise this issue before court.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

  1. Once the succession certificate has been given by he court of law to an individual then it may only be revoked if anyone can prove that the saw was issued by fraud over court.
  2. Yes, there is a limitation period for the application of its revocation and that is 2 years from the date of its approval.
  3. Appeal:
    (1) Subject to the other provisions of this Act, an appeal shall lie to the High Court from an order of a District Court granting, refusing or revoking a certificate under this Act. and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District Court, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, already granted.
    (2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure.
    (3) Subject to the provisions of sub-section (1) and of Orders 46 and 47 and sections 113 to 115 of the Code of Civil Procedure as applied by section 141 of that Code, an order of a District Court under this Act shall be final.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer