Judgment :- 1. The revision petition is by the petitioner in an application under S.383 of the Indian Succession Act, for revoking a succession certificate in favour of the respondent herein dated 18-10-1988 in Succession O.P. No.7/1988, in respect of the debts due to one deceased Leelamma. The revision petitioner is the father of deceased Leelamma and the respondent is her husband. It is an admitted fact that though Leelamma was originally a Hindu, by conversion she embraced Christianity and that on the date of her death she was a Christian. The father of Leelamma alleged that the respondent herein, husband of Leelamma, obtained succession certificate dated 18-10-1988 in Succession O.P.NO.7/1988 by fraudulent concealment of material facts and thereby certificate issued is liable to be revoked. According to the revision petitioner he being the father of Leelamma is also a heir under the Indian Succession Act who is entitled to one-half share of the assets held by Leelamma on her death. The revision petitioner alleged before the lower court that no citation was issued to him before the succession certificate was issued to the respondent and that the respondent intentionally suppressed the fact of the existence of the revision petitioner and the obtaining of the succession certificate by him alone is fraudulent and is liable to be revoked. 2. The case of the respondent is that the revision petitioner though he is the father of deceased Leelamma is a Hindu and the deceased Leelamma being a Christian on the date of her death, he is not entitled to succeed to her estate. The lower court found in favour of the contention of the respondent and dismissed the application for revocation of the certificate. The revision is against the above order. 3. The counsel for the revision petitioner contended that the order of the lower court is wrong and without jurisdiction as the religion of an heir is immaterial so far as the provisions of the Indian Succession Act are concerned and the material fact is the religion of the intestate on the date of his/her death. On going through the provisions of the Indian Succession Act I am of the view that the revision petitioner is entitled to succeed. As stated earlier, admittedly deceased Leelamma was a Christian on the date of her death and she is governed by the provisions of the Indian Succession Act. On going through the provisions of the Indian Succession Act I am of the view that the revision petitioner is entitled to succeed. As stated earlier, admittedly deceased Leelamma was a Christian on the date of her death and she is governed by the provisions of the Indian Succession Act. Admittedly, deceased Leelamma did not leave any lineal descendants. Under S.33(b) read with S.35 of the Indian Succession Act if a deceased has left no lineal descendant, but has left persons who are of kindred to him, one-half of her property shall belong to her husband and the other half shall go to those who are of kindred to her, in the order and according to the rules hereinafter mentioned. According to the above provisions one-half of the assets of the deceased Leelamma will go to her husband and the other half will go to the kindred. S.41 of the Indian Succession Act provides for the rules of distribution of the intestate's property where there are no lineal descendants to the deceased. Rule for distribution mentioned under S.41 are for the property that is available after deducting the husband's or widow's share as the case may be. S.42 of the Indian Succession Act provides that in such case the father would inherit the property after deducting the husband's or widow's share. As the revision petitioner is admittedly the father of deceased Leelamma one-half share of the assets of deceased Leelamma will go to the revision petitioner. The only further question is whether he will be disentitled to inherit the assets of Leelamma by the mere fact that he belongs to the Hindu religion and not a Christian on the date of her death. I think he will not be disentitled to. There are no provisions in the Indian Succession Act which disentitles any heir who is not a Christian to inherit the property of a Christian. The only condition that is necessary is that the deceased should belong to the Christian religion on the date of his or her death. If the deceased is a Christian on the date of her death the Indian Succession Act shall apply to her properties and the religion of the heirs is immaterial. 4. The same question has come up for consideration before the Calcutta High Court and before the Assam High Court. If the deceased is a Christian on the date of her death the Indian Succession Act shall apply to her properties and the religion of the heirs is immaterial. 4. The same question has come up for consideration before the Calcutta High Court and before the Assam High Court. In Benoy Kumar Mondal v. Panchanon Majumdar (AIR 1956 Calcutta 177) the identical question as to whether the religion of an heir is material for succeeding to the estate of the deceased under the Indian Succession Act came up for consideration. In considering the provisions of the Act their Lordships observed as follows: "The Succession Act does not concern itself with the religion of the claimant for succession although the religion of the deceased certainly plays an important role - and indeed, it is almost the determining factor, - in the matter of applicability or otherwise of the rules of succession, laid down in the Act, to a particular case. This distinction in the nature or character of the relevant estate, depending upon the religion of the deceased owner, runs throughout the Act but stress is nowhere laid in the matter of its devolution upon the religion of the heir or the inheritor. This latter element is undoubtedly a vital factor in the personal laws of succession, like, for example, the Hindu and the Mohammedan law, which are intimately connected with the respective religions and persons professing other faiths, save in cases coming under special protective legislations, like for example, the Caste Disabilities Removal Act, 1950 (Act 21 of 1950), are excluded from inheritance, otherwise available to them, simply on the ground of difference of religion. Claims for succession, however, under the Indian Succession Act stand on an entirely different footing and the religion of the claimant as distinguished from the religion of the deceased owner is entirely irrelevant for the purpose. We would, accordingly, overrule the appellant's contention." 5. To the same effect is the decision reported in Siril Christian and another v. Monga Mura (AIR 1964 Assam 58), wherein also the identical question came up for consideration and it was held: "8. On the other hand, there are direct authorities on the question that was raised before us. Reference may first be made to one of the earliest decision of the case, namely the decision in the case of Administrator-General of Madras v. Anandachari, ILR9 Mad. 466. On the other hand, there are direct authorities on the question that was raised before us. Reference may first be made to one of the earliest decision of the case, namely the decision in the case of Administrator-General of Madras v. Anandachari, ILR9 Mad. 466. It was therein held that a Hindu father was entitled to succeed to his son who accepted Christianity and died as a Christian. This is a direct case applicable to the facts of the present case. In the case of Benoy Kumar Mondal v. Panchanon Majumdar, AIR 1956 Cal. 177 a Division Bench of the Calcutta High Court held that a relation, if he is, as a nearest consanguine or blood relation is entitled to letters of administration to the estate of a Christian deceased, even though he is a Hindu and it was therein observed that the Succession Act does not concern itself with the religion of the claimant for succession although the religion of the deceased plays an important role - and, indeed, it is almost the determining factor - in the matter of applicability or otherwise of the rules of succession, laid down in the Act, to a particular case, and that this distinction in the nature of character of the relevant estate, depending upon the religion of the deceased owner, runs throughout the Act, but stress is nowhere laid in the matter of its devolution upon the religion of the heir or the inheritor, and that the religion of the claimant as distinguished from the religion of the deceased owner is entirely irrelevant for the purpose. We are fully in agreement with these observations of the learned judges of the Calcutta High Court. 9. In this context it would be useful to refer to the relevant provisions of the Succession Act. We are fully in agreement with these observations of the learned judges of the Calcutta High Court. 9. In this context it would be useful to refer to the relevant provisions of the Succession Act. S.219 is as follows: - "If the deceased has died in estate and was not a person belonging to any of the classes referred to in S.218, those who are connected with him, either by marriage or by consanguinity, are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated, namely: (a) If the deceased has left a widow, administration shall be granted to the widow, unless the court sees cause to exclude her, either on the ground of some personal disqualification, or because she has no interest in the estate of the deceased." Coming to the question of succession to a deceased Christian governed by the Act, we find the order of succession laid down in S.41 to 48. S.41 lays down that where an intestate has left no lineal descendants, the rules for the distribution of his property shall be those contained in S.42 to 48. S.42 lays down that if the intestate's father is living, he shall succeed to the property. S.43 lays down that if the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. S.48 lays down that where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. None of these provisions contain any limitation based on religion. If it was the intention of the Parliament when enacting the Indian Succession Act, to exclude from succession persons of non-Christian denomination or religion, that important circumstance and fact would have found place in the Act itself. On the other hand, a careful reading of the various provisions of the Act shows that succession or a right to succeed to the property is dependent on relationship and consanguinity. On the other hand, a careful reading of the various provisions of the Act shows that succession or a right to succeed to the property is dependent on relationship and consanguinity. It is not disputed that if the pleas of the defence are negatived, the plaintiff would be the nearest heir entitled to succeed to the estate of the late Thomas." 6. On the reading of the provisions of the Indian Succession Act I am also of the same view as expressed in the above two decisions. 7. In view of the above legal position it is absolutely clear that the revision petitioner is entitled to one-half share of the estate of the deceased Leelamma and the husband, respondent herein, is only entitled to the other half. In these circumstances the succession certificate dated 18-10-1988 issued in Succession O.P.No.7/88 is necessarily to be revoked and I do so. 8. As stated above I revoke the succession certificate dated 18-10-1988 in Succession O.P.No.7/1988 and direct the District Judge, on application being made, to grant a certificate according to this order in supersession of the earlier certificate issued in O.P.No.7/88. The Civil Revision Petition is allowed. There will be no order as to costs.