1. Yes, more so specifically, since some movable property is within jurisdiction of Amritsar. Application for Succession Certificate MUST describe ALL the properties, situated in the respective areas of India.
A person died in faridabad and was residing in faridabad at the time of his death and all his bank accounts were in faridabad and in amritsar and we applied for succesion certificate in amritsar but now at the time of final arguments the question of jurisdiction by the court of amritsar to grant a succesion certificate arises can a court of amritsar grant a succesion certificate?
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1. Yes, more so specifically, since some movable property is within jurisdiction of Amritsar. Application for Succession Certificate MUST describe ALL the properties, situated in the respective areas of India.
Can u give any citations regarding this as judge is saying u must have applied for SUCCESSION certificate in FARIDABAD and not in AMRITSAR because at the time of his death he was residing in FARIDABAD
1. Citations are not available, for this site.
2. However when applying for Succession Certificate, the application should have stated an undertaking that you have not applied for Succession Certificate in any court in India.
3. Now, you can file an amendment application alongwith an Indemnity Bond /Undertaking statement, to the above affect (point no. 2).
If bank account is situated in Amritsar application for succession certificate can be filed where deceased died or had bank accounts
SC is maintainable in Amritsar as person had bank account in Amritsar
It is not mere residence which decides jurisdiction
it is also determined where deceased has property at time of his demise
As per section 371 of Succession Act the court at Faridabad has jurisdiction to grant such certificate.
Following is the law regarding jurisdiction :
To obtain succession certificate, a petition to the District Judge within whose jurisdiction the deceased person ordinarily resided at the time of his or her death or, if at that time he or she had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found.
Regards
SC can issued by court where part of assets lies.
For same cause of action with properties lies in different jurisdiction, no need to file different suits.
How to find the CITATIONS regarding this issue TERRITORIAL JURISDICTION AS THE CASE IS FIXED FOR FINAL ARGUMENTS
Section 371 of Indian Succession Act, 1925 reads as under :
371. Court having jurisdiction to grant certificate. The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that 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 under this part.
A bare perusal of the aforesaid section makes it evidently clear that first of all the District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that 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 under this part.
1. No court of amritsar cannot grant the succession certificate as court of amritsar doesnt have jurisdiction to grant the certificate.
2. The suit should be filed in the court under which jurisdiction the person was residing before his death.
jurisdiction would be where the deceased person ordinarily resided at the time of his death or if no such place is available, the jurisdiction within which any property belonging to the deceased may be found.
The relevant jurisdiction would be where the deceased person ordinarily resided at the time of his death or if no such place is available, the jurisdiction within which any property belonging to the deceased may be found
No doubt the party died in Faridabad but he had bank accounts in Amritsar too, hence mentioning the assets in Faridabad, he may apply for succession certificate in the court situated in Amritsar for Faridabad property too.
The argument should be based on the lines suggested above.
To avoid further delay and in order to get the objectives done, you may ask the Amritsar to return the petition with the said remarks and you can file the same petition before a court in Faridabad.
However if you still insist in continuing the case in Amritsar itself, yo can ask the court to return the same after which you can prefer a revision petition before high court against the aggrieved decision of the Amritsar court.
You can make a google search in indiankanoon.org or lawweb.com of livelaw.in or any other legal website you may find it convenient to enter into Amritsar, then that court has jurisdiction to issue the certificate.
IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
W. P. No. 2977 (W) of 2017Babujee Datta
Vs.
Union of India, through the Ministry of Petroleum &
Natural Gas & Others.
HIGH COURT OF JAMMU AND KASHMIRAT SRINAGAR
...
OWP no.513/2019 IA no.01/2019 Date of order: 01.05.2019 Jehangir Bashir Sathoo v.
State of J&K and others Coram:
- As per section 371 of Succession Act, The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that 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 under this part.
- Since, some bank account was in Amritsar as well at the time of the death , hence AMRITSAR is also a jurisdiction as well.
Dear Sir
Under Section 372 an application for grant of a Succession Certificate ordinarily lies before the District Judge with in whose territorial jurisdiction the deceased ordinarily resided or part of his property was situate. Section 384 deals with the forum where the appeal in such cases shall lie.