Succession certificate under the Indian Succession Act, 1925, does not confer ownership of a property, the Jammu & Kashmir and Ladakh High Court (HC) has ruled. Section 387 of the law permits the filing of a suit or other proceeding even though a succession certificate might have been granted, it added.
While giving its order in the Sheikh Mohammad Amin and another case, the HC said that the proceedings for grant of succession certificate under the Act are of summary nature and do not confer any title to the amount in favour of certificate holder.
The HC order came on an appeal filed in terms of Section 384 of the of Act against an order passed by the Srinagar district judge court.
“The court has to confine itself entirely to the question of a right to certificate, and not to decide upon the title, reality or character of the claim,” it said in an order dated April 7, 2023. This position of law has been laid down by the Supreme Court in the CK Prahalada and Others versus State of Karnataka and others case, it added.
“A succession certificate is granted for a limited purpose. A court granting a succession certificate does not decide the question of title. A nominee or holder of succession certificate has a duty to hand over the property to the person who has a legal title thereto. By obtaining a succession certificate alone, a person does not become the owner of the property,” the SC had stated.
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