• Territorial jurisdiction to grant a succession certificate

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?
Asked 6 years ago in Civil Law

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20 Answers

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

It is not mere residence which decides jurisdiction 

 

it is also determined where deceased has property at time of his demise 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

As per section 371 of  Succession Act the court at Faridabad has  jurisdiction to grant such certificate.  

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If his property was in Amritsar then his jurisdiction will be Amritsar

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

On what ground did you apply for the succession certificate in Amritsar? 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Km. Rakhi And Another vs Ist Additional District Judge, ... on 5 August, 1999

Equivalent citations: 2000 (1) AWC 323.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It depends on specific facts of your case. 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

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

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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.

Babujee Datta vs Union Of India on 10 August, 2018;

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

W. P. No. 2977 (W) of 2017

Babujee Datta

Vs.

Union of India, through the Ministry of Petroleum &

Natural Gas & Others.




Jammu & Kashmir High Court - Srinagar Bench

Mr G. A. Lone vs None on 1 May, 2019

 HIGH COURT OF JAMMU AND KASHMIR

AT 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:

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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.

 

Prem Chand v. Sunil Kumar And Others | Allahabad High .

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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