Research › Search › Judgment

Andhra High Court · body

2023 DIGILAW 250 (AP)

Madipalli Annapurna v. Addepalli Mani Kumari

2023-01-31

SUBBA REDDY SATTI

body2023
JUDGMENT 1. Petitioner in unnumbered SOP in S.R.No.1370 dtd. 18/4/2022 on the file of Senior Civil Judge, Bhimavaram, filed the above revision under Article 227 of the Constitution of India. 2. Revision petitioner filed Succession OP under Sec. 372 of the Indian Succession Act, 1925 (for short "Act 1925") praying the Court to award succession certificate in favour of petitioner and respondent No.1 holding that they are only legal heirs of late Madipalli Sri Krishna Murthy and issue succession certificate for 50% of the shares mentioned in the schedule of late Sri Krishna Murthy held in respondents 2 to 15 companies or its successor companies including 50% of any bonus shares allotted to the original holdings and unclaimed dividends over the said shares. 3. In SOP, it was mentioned that petitioner and 1st respondent are daughters of late Madipalli Sri Krishna Murthy. The said Krishna Murthy died on 28/11/2016 at Bhimavaram. During the lifetime of said Sri Krishna Murthy, he acquired shares mentioned in the petition. A fixed Court fee of Rs.10.00 as per Schedule-II, Article-2 (2) of Andhra Pradesh Court Fee and Suits Valuation Act, 1956 (for short "CF Act") 4. By order dtd. 16/8/2022, the Court below directed the petitioner to deposit Rs.34, 75, 200.00 towards succession certificate charges and adjourned the matter to 29/9/2022. Since succession certificate charges are not paid, it was again adjourned to 30/12/2022. Aggrieved by the said docket order dtd. 16/8/2022 directing the petitioner to deposit Rs.34, 75, 200.00 towards succession certificate charges, the present revision is filed. 5. Heard Sri Eerla Satheesh Kumar, learned counsel for the petitioner. 6. Learned counsel for the petitioner would submit that succession OP is filed seeking certificate in favour of petitioner and 1st respondent for 50% of shares and 50% of bonus shares in favour of Madipalli Sri Krishna Murthy, however, the Court below directed the petitioner to deposit Rs.34, 75, 200.00 towards succession certificate charge, at the initial stage is bad in law. He would also submit that payment of deposit would arise at the time of issuance of certificate as per Sec. 372 of the Act 1925 and thus, prayed to set aside the order. 7. Now, the point arise for consideration is: Whether the direction of the Court below to deposit Rs.34, 75, 200.00 towards succession certificate when the petitioner claimed 50% is sustainable? 8. In K.Girija Kumari Vs. 7. Now, the point arise for consideration is: Whether the direction of the Court below to deposit Rs.34, 75, 200.00 towards succession certificate when the petitioner claimed 50% is sustainable? 8. In K.Girija Kumari Vs. Konuru Swarajya Lakshmi, 2004 (3) ALD 249 . learned single Judge of the composite High Court held thus: 5. The succession certificate, if granted by the Court would entitle the petitioner therein to receive the debt or security (for short security) claimed in the O.P. It is for this reason that Court fee is required to be paid while presenting the application. Sec. 372 of the Indian Succession Act, 1925 requires the petitioner to state the relevant particulars such as time of death, the particulars of other family members etc. One of the important particulars is the one provided for under Clause (d) of Sub-sec. (1) of Sec. 372 of the Indian Succession Act, 1925 namely "The right in which the petitioner claims". This has to be stated in precise form. The deceased person may have left vast security behind him. If the applicant alone is entitled for the entire security, the Court fee needs to be paid on such an amount. 6. However, where the security is to be distributed among various persons, each person claiming the succession certificate corresponding to their share cannot be required to pay Court fee on the entire amount of security. If such is the course of action is to be adopted, a situation may arise where the amount of Court fee may be equal to, or even exceed the amount representing security left by the deceased, if there exist number of claimants. For example, if there are 20 successors entitled to share the security and if each one of them is required to pay the Court fee at 6% on the entire amount, the Court fee would become 120% of the amount. It can be illustrated in figures. If the amount left by a deceased is Rs.1, 00, 000.00 to be shared by 20 persons, and each person files separate application, the Court fee that is required to be paid would be Rs.1, 20, 000.00. This can never be the contemplation of the Legislature. 7. Sub-sec. (3) of Sec. -372 of the Indian Succession Act provides ample guidance for the proposition that applications can be made for part of security. This can never be the contemplation of the Legislature. 7. Sub-sec. (3) of Sec. -372 of the Indian Succession Act provides ample guidance for the proposition that applications can be made for part of security. It stipulates that an application for succession certificate may be made in respect of any debt or debts due to the deceased creditor, or in respect of portions thereof. 8. It is therefore evident that an application can be filed either for the entire security due to the deceased creditor or in respect of portion thereof. The petitioner had filed the application for a portion namely 1/3rd of the security due to the deceased. Therefore, the observation of the Trial Court that a Succession Certificate cannot be issued for part of the debt, is not correct. 9. The total value of shares mentioned in the SOP is Rs.5, 79, 20, 014.00. Petitioner, one of the daughters filed SOP for issuance of succession certificate for 50% of shares mentioned in the schedule including 50% of any bonus shares. However, the Court below directed the petitioner to deposit Rs.34, 75, 200.00 towards succession certificate charges i.e. to the entire claim/security mentioned in the O.P. Since, the petitioner is claiming 50% of shares, directing the petitioner to deposit Rs.34, 75, 200.00 towards charges of succession certificate is unsustainable. Court below ought to have directed petitioner to deposit 50% of charges towards succession certificate. 10. In view of the above discussion, the direction of the lower Court to deposit Rs.34, 75, 200.00 towards charges of succession certificate is unsustainable. Court below shall direct the petitioner to deposit 50% claim amount towards charges of succession certificate. On deposit of such amount, the Court below shall dispose of the O.P. on merits in strictly in accordance with law. 11. Accordingly, the Civil Revision Petition is disposed of at admission stage. No costs. As a sequel, all the pending miscellaneous applications shall stand closed.