Research › Search › Judgment

Gauhati High Court · body

2009 DIGILAW 549 (GAU)

Nityanand Pao v. State of Arunachal Pradesh

2009-08-10

P.K.MUSAHARY

body2009
JUDGMENT P.K. Musahary, J. 1. Heard Mr. T. Jamoh, learned Counsel appearing for the petitioner. Also heard Mr. R.H. Nabam, learned senior Govt. Advocate, appearing on behalf of State respondents No. 1 and 2 and Mr. Tonning Pertin, learned Counsel appearing for respondent No. 3. None appears on behalf of respondent No. 4. 2. This application has been filed under Section 115 read with Sections 141 and 151 of the Code of Civil Procedure, 1908, challenging the impugned order dated 30.5.2008 passed by the Deputy Commissioner, East Siang District, in Succession Certificate Case No. 15/2007. The brief facts leading to filing of this revision petition are that the respondent Deputy Commissioner, East Siang District, Pasighat, issued a Succession Certificate Case No. 15/2007 on 17.4.2007 in favour of Jai Singh Pao, respondent No. 3 on his application made on 21.2.2007 under Part-X of the Indian Succession Act, 1925. The certificate so issued relates to: (1) Any money payable to the deceased Lahor Singh Pao, ex-HGB, of Oyan village, by Government authorities/Private Agency, etc. (2) Savings Bank A/C No. 01150065379 standing in the name of Late Lahor Singh Pao with State Bank of India, Pasighat/Ruksin. (3) Any other Estate of the deceased Lahor Singh Pao, HGB, of Oyan village, who died on 5.2.2007. Aggrieved by the aforesaid order, the present petitioner field an objection before the successor Deputy Commissioner and the same was disposed of vide impugned order dated 30.5.2008 upholding the Succession Certificate granted by the predecessor Deputy Commissioner. 3. Mr. T. Jamoh, learned Counsel for the petitioner, submits that so far the amount of debt and securities including the Savings Bank Account as described in Items 1 and 2 in the impugned Succession Certificate, there is no objection from the petitioner's side inasmuch as he has no grievance against the same. But in respect of Item No. 3 of the Succession Certificate which relates to the Estate of "any other estate if deceased Lahor Singh Pao, HGB of Oyan village, who died on 5.2.2007" the petitioner has serious objection inasmuch as the Deputy Commissioner is not authorized to grant the Succession Certificate in respect of the estate of the deceased Lahor Singh Pao. The learned Counsel for the petitioner has drawn the attention of this Court to the provisions of law under Section 374 of Indian Succession Act, 1925, which reads as follows: 374. The learned Counsel for the petitioner has drawn the attention of this Court to the provisions of law under Section 374 of Indian Succession Act, 1925, which reads as follows: 374. Contents of Certificate.-When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted,- (a) to receive interest or dividends on, or (b) to negotiate or transfer, or (c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them. 4. Mr. Tonning Pertin, learned Counsel appearing for respondent No. 3, fairly submits that the Deputy Commissioner is not authorized to include the immovable properties/estate of the deceased in the Succession Certificate. 5. In view of the above submissions made by the learned Counsel appearing for the parties and also the provisions under Section 374 of Indian Succession Act, 1925, I hold that the impugned Succession Certificate dated 17.4.2007 issued by the Deputy Commissioner, East Siang District, is unauthorized and illegal and the same is liable to be cancelled, which I hereby do. Similarly, the impugned order dated 30.5.2008, passed by the successor Deputy Commissioner in Succession Certificate No. 15/2007 is non-est in the eye of law and the same stands set aside and quashed. 6. The respondent Deputy Commissioner, East Siang District, Pasighat, shall take-up the matter afresh for issuance of Succession Certificate as per the provisions of the law after giving due opportunities of hearing to the parties concerned and pass necessary order within a period of 3(three) months from the date of receipt of a certified copy of this order along with the lower Court records. 7. With the above directions, this petition stands disposed of. Parties to bear their respective costs. 8. Send down the lower Court records forthwith.