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Succession certificate is not Permissible for immovable property

Indian Succession Act, 1925 – Part X – Issue of succession certificate – Application only for the conditions of debts and securities. Secs. 192 to 207 of the Act: Intended to curb interlopers, Grant of succession certificate in respect of immovable property declined.

Held: The deeming provision under Section 30 of this Act is for considering the circumstances under which a deceased person could be said to have died intestate. Sec 192 to 207 are particularly intended to curb interlopers from meddling with the property of the deceased. By the way, they are in the nature of summary procedure which is subject to the right of either party to bring a regular suit as per Sec. 208 of the Act. Thus the court below was specifically justified in declining to offer a succession certificate in respect of the immovable property described in the II Schedule of the O.P.

Kerala High Court Vishalakshi vs Bank Of India on 6 April, 2006 Equivalent Citations: AIR 2006 Ker 255, 2006 (2) KLT 488
Bench: K Denesan, V Ramkumar

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